Volksverhetzung

Volksverhetzung is a term used in German-speaking legal contexts to describe criminal acts that incite hatred or violence against a group of people or their members, or that disseminate Nazi propaganda. In Germany, the offense is codified as Section 130 of the Strafgesetzbuch (Criminal Code). The provision targets public actions that stir up hatred, attack the dignity of a group, or call for violence against them, including the distribution or praise of extremist ideologies. Holocaust denial and the public endorsement of Nazi crimes are also prohibited under this statute.

Acts covered by Volksverhetzung include public statements, writings, broadcasts, or online posts that promote hostility toward a protected group based on race, ethnicity, nationality, religion, or other recognized characteristics; and those that publicly denigrate or dehumanize such groups. The law applies to speech and propaganda distributed in print, broadcast, or digital form, including social media.

Defenses and exemptions exist for speech that is part of art, science, research, or journalism, and for statements made in a context that is not intended to incite hatred or violence. The protection of freedom of expression is weighed against the goal of safeguarding human dignity and public order under a democratic framework.

Penalties range from fines to imprisonment, with the severity depending on the nature of the act, the extent of public impact, and any aggravating factors. The statute has been used to curb anti-Semitic, racist, and xenophobic rhetoric and remains a focal point of debates on free speech versus protection of human dignity.

Similar provisions exist in other German-speaking countries, notably Austria, where Verhetzung applies to incitement against groups or their members.