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Bans on Nazi symbols
International restrictions on Nazi symbolism From Wikipedia, the free encyclopedia
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The use of symbols and flags of the Nazi Party and Nazi Germany (1933–1945) is currently subject to legal restrictions in a number of countries, such as Austria, Belarus, Brazil, the Czech Republic, France, Germany, Hungary, Poland, Romania, Russia, Ukraine and other countries.[1][failed verification][better source needed]
 | This article needs additional citations for verification. (July 2023) |
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Symbols that are most commonly associated with Nazism: the swastika, the doppelte Siegrune, and the SS Totenkopf
Notable in Nazi symbolism is the use of the swastika symbol;[2]. While the swastika was appropriated by the Nazi regime, the symbol is central in several belief systems including Hinduism and as such not connected to Nazi ideology.[3][4]
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Summary table
| This section needs additional citations for verification. (August 2023) |
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Americas
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North America
Canada
Canada has no legislation specifically restricting the ownership, display, purchase, import, or export of Nazi flags. However, sections 318–320 of the Criminal Code,[39] adopted by Canada's parliament in 1970 and based in large part on the 1965 Cohen Committee recommendations,[40] make it an offence to advocate or promote genocide, to communicate a statement in public inciting hatred against an identifiable group where it is likely to cause a breach of the public peace, or to communicate a statement that willfully promotes hatred (other than in private conversation) against an identifiable group. The Criminal Code also provides a framework for the judicially authorized seizure, forfeiture, and disposal of hate propaganda.[40] Bnai Brith Canada has launched a campaign to ban all Nazi symbols. The Ottawa City Council has unanimously voted to support such a ban.[41]
United States
The First Amendment to the United States Constitution guarantees freedom of speech, which the courts have interpreted to include hate speech, severely limiting the government's authority to suppress it.[42] This allows political organizations great latitude in expressing Nazi, racist, and antisemitic views. A landmark First Amendment case was National Socialist Party of America v. Village of Skokie, in which neo-Nazis threatened to march in Skokie, a predominantly Jewish suburb of Chicago. The march never took place in Skokie, but the court ruling allowed the neo-Nazis to stage a series of demonstrations in Chicago.[43]
South America
Brazil
The use of Nazi symbols is illegal in Brazil. Laws No. 7,716/89 and No. 9,459/97 establish imprisonment and a fine for anyone who produces, markets, distributes, or disseminates symbols, emblems, ornaments, badges, or propaganda that use the swastika to advocate Nazism.[11]
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Asia
Iran
Iran has no provisions or laws regarding the use of Nazi imagery.[44][45]
Japan
The use of Nazi symbols is not a crime in Japan.[citation needed]
Singapore
There are no specific laws banning the use of Nazi symbols, and no one has been punished for displaying Nazi-related symbols in Singapore; but anyone promoting "feelings of ill-will and hostility between different races or classes of the population of Singapore" may be arrested under the laws of sedition.[46]
South Korea
The Republic of Korea has no provisions or laws regarding the use of Nazi imagery.[28]
Taiwan
There are currently no provisions and laws in Taiwan that ban or regulate the use of Nazi symbols and imagery as long as it lies within the legal bounds of freedom of speech under the constitution.[32][47] The use of Nazi symbolism and imagery in the country has been observed throughout the years, often causing controversy.[48][49]
Thailand
Europe
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Austria
Austria strictly prohibits the public display and/or proliferation of all insignia, symbols, emblems, uniforms (full or partial), flags, etc., clearly associated with the National Socialist German Workers' Party (NSDAP, commonly known as the Nazi Party). There are legal exceptions for works of art (including books, films, theatre performances, computer games, and educational/memorial public exhibitions, etc.), however, these do not apply if the work in question promotes National Socialism (as this is generally prohibited in Austria). The law has been amended to include commonly recognised replacements or slightly modified depictions of Nazi symbols. Violations of the Badges Act 1960 (Abzeichengesetz 1960), which prohibits the public display of Nazi symbols, result in up to €4000-fine and up to one month of imprisonment as punishment. However, if the violation is deemed an attempt to promote National Socialism, the Prohibition Act 1947 (Verbotsgesetz 1947) applies, resulting in up to ten years of imprisonment.[citation needed]
However, trading Nazi medals, uniforms or other memorabilia is not illegal in Austria.
Other fascist insignia banned in Austria include Ustaše symbols that have been prominent on commemorations of Bleiburg repatriations. Banned are the Ustaše logo (U with a grenade), the Independent State of Croatia coat of arms and flag, the Croatian Defence Forces logo, as well as the Ustaše slogan Za dom spremni.[51][52]
Belarus
Article 3411 of the Criminal Code prohibits the public display, production, distribution, or storage for the purpose of distribution of Nazi symbolism or paraphernalia. The offense carries penalties of a fine, arrest, up to three years of restraint of liberty, or up to four years of imprisonment as punishment. Additionally, Article 1301 of the Criminal Code prohibits the rehabilitation of Nazism, with penalties including a fine, arrest, up to five years of restraint of liberty, or up to five years of imprisonment.[9]
Cyprus
Cyprus has no legislation designed to restrict the ownership, display, purchase, import or export of Nazi flags, nor does the Criminal Code of Cyprus expressly allow for racist or other bias motives to be taken into account when sentencing.[53]
However, use of Nazi flags in a manner likely to cause discrimination, hatred, or violence may fall under Cyprus' ratification of the UN Convention on the Elimination of All Forms of Racial Discrimination. This allows for the prosecution of anyone who expresses an idea (in public, using almost any medium including flags) which insults another person's race, religion or ethnicity.[citation needed]
Czech Republic
 | This section needs to be updated. (October 2014) |
Czech Republic has no legislation restricting ownership, display, purchase, import or export of Nazi flags; indeed Czech law makes even the banning of protests involving such flags very difficult.[54]
In 1991, in Czechoslovakia, the criminal code was amended with 260 which banned propaganda of political movements which restricted human rights and freedoms, citing Nazism and Communism. Later the specific mentions of these were removed due to their lack of clear legal definition. However, the law itself was recognised as constitutional.[55]
The police may cancel such events only once it becomes clear that protesters are inciting hate, which is deemed illegal in the Czech Republic. Legal regulation of hate crimes in the Czech Republic is contained in Act 140/1961 The Criminal Act[56] (amended by Act 175/1990).
Act 40/2009 prohibited promotion of movements aimed at suppressing human rights and freedoms.[57]
Estonia
In early 2007, the Riigikogu was considering a draft bill amending the Penal Code to make the public use of Soviet and Nazi symbols punishable if used in a manner disturbing the public peace or inciting hatred.[58] The bill did not come into effect as it passed only the first reading in the Riigikogu.[59]
Finland
Finland has no explicit legislation aimed at controlling ownership, display, purchase, import or export of Nazi symbols. However the Criminal Code (39/1889 contains sections that could situationally limit the usage of Nazi symbolism (e.g. Chapter 11 'War crimes and offences against humanity' section 10 (agitation against a population group) and 10a (aggravated agitation against a population group)).[60] The Criminal Code's "agitation against a population group" sections may be applicable when Nazi symbolism is used to threaten, defame, or insult a certain group "on the basis of its race, colour, birth, national or ethnic origin, religion or belief, sexual orientation or disability or on another comparable basis". It remains ambiguous whether keeping Nazi symbolism visible under certain circumstances constitutes agitation against a population group.[12][13]
Finnish usage of the swastika predates the Nazi usage.[61] As of 2024, flags containing the symbol can be found within the Finnish military, including the Finnish Air Force.[62][63]
France
In France, it is a crime to display Nazi flags, uniforms and insignia in public, unless for the purpose of a historical film, show, filmmaking or spectacle.[14]
In April 2000, the International League against Racism and Anti-Semitism and Union des étudiants juifs de France (the Union of French Jewish Students) brought a case against Yahoo! which objected to the auctioning of Nazi memorabilia in France via Yahoo!'s website on the basis that it contravened Article R645-1.[64] A French judge initially ordered Yahoo! to take measures to make it impossible for users in France to reach any Nazi memorabilia through the Yahoo! site.[65]
Germany
After World War II, the penal code of the Federal Republic of Germany was amended to prohibit propaganda material and symbols of forbidden parties and other organisations (StGB 86 and 86a). This explicitly includes material in the tradition of a former national socialist organization. The production and distribution of such material is prohibited, as is the public display of the related symbols. Legal consequences can be a fine or a prison term of up to three years.
Examples are Nazi symbols, such as the swastika and the SS logo. It is legal to use the symbols for educational and artistic purposes, such as in films, museums, shows and video games; the latter was formerly subject to restrictions which led to German-language versions of games omitting or censoring any explicit references to Nazism until a ruling in 2018 upheld the recognition of video games as art, thus admitting them under the social adequacy exemption.[66] Exceptions are also made when the symbols are used to condemn Nazism, rather than condone it. (i.e. A symbol of a person throwing a swastika in a trash can, a crossed-out swastika, etc. would be legal.)[67]
Hungary
Section 335 of the Act C of 2012 on the Criminal Code of Hungary regulates the "use of symbols of totalitarianism", including the swastika, the insignia of the SS, the Nyilaskereszt, and formerly the hammer and sickle and the five-pointed red star.[68]
Latvia
In June 2013, the Latvian parliament approved a ban on the display of Nazi and Soviet symbols at all public events. The ban covers flags, anthems, uniforms, and the Nazi swastika.[69][18]
Lithuania
Lithuania banned Nazi symbols in 2008 (Article 18818 of the Code of Administrative Offences) under the threat of a fine.[19] Article 5 of the Law on Meetings prohibits meetings involving Nazi and Soviet imagery.[70]
Poland
In 2009, § 2 to 4 were added to Article 256 of the Polish Penal Code banning the "production, recording, importing, acquiring, storing, possessing, presenting or transporting" for the purpose of dissemination of "prints, recordings or other objects" that "publicly promote a fascist or other totalitarian system of state", unless done "as part of artistic, educational, collecting or academic activity", and provides for forfeiture regardless of owner upon conviction.[22]
Russia
Russian administrative code prohibits propaganda, production and dissemination of Nazi symbols, lookalikes, and the Rising Sun Flag with fines up to 100,000 rubles.[26]
Serbia
In 2009, Serbia passed a law prohibiting "manifestations of Neo-Nazi or Fascist organizations and associations, and use of the Neo-Nazi or Fascist symbols and insignia".[27]
Spain
In Spain, there is no law prohibiting the display of Nazi symbols except when associated with criminal conduct.[29] A proposed ban is still awaiting consideration.[71]
Switzerland
On 9 February 2022, the Federal Council of Switzerland rejected a ban on Nazi symbols and salutes.[31]
Ukraine
The public display of Nazi and communist flags is illegal in Ukraine. The exceptions are symbols used for artistic, educational, scientific and historical purposes and symbols that were used until 1991.[34][72]
United Kingdom
According to the British law, the use of Nazi symbols is not a crime,[35] but it was from 1939 until 1945. [citation needed]
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Oceania
Australia
The public display of Nazi flags is illegal nationwide, as well as in the states of New South Wales,[73] Queensland,[74] Tasmania,[75] Victoria[76] (where the Nazi salute is also banned)[77] and Western Australia.[78] Laws have also been proposed in the remaining states and territories. In June 2023, the Albanese government introduced legislation to criminalize the sale and public display of Nazi symbols and the public performance of the Nazi salute. It was introduced under the bill "Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures)". The law went into effect on 8 January 2024, and violations are punishable by up to 12 months in prison.[6][79]
On 8 October 2024, Jacob Hersant of the National Socialist Network became the first Victorian to be found guilty of performing a Nazi salute.[80]
New Zealand
The use of Nazi symbols is not a crime in New Zealand.[81]
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References
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