Kara Sears
Holocaust denial laws have been enacted in several countries, making it a criminal offence to deny or trivialise the genocide of Jews during World War II. The emergence of Holocaust denial as a cultural phenomenon in the late 1970s prompted legislative responses, particularly in Europe, to stamp out the resurgence of Nazi ideology and antisemitism. While 17 European countries, along with Canada and Israel, have explicit laws criminalising Holocaust denial, other countries like the United States and the United Kingdom have prioritised free speech, resulting in a different approach to addressing Holocaust denial. The effectiveness and compatibility of these laws with human rights conventions have been debated by historians, activists, and legal scholars, highlighting the complex nature of balancing free expression with the need to combat hate speech and historical revisionism.
| Characteristics | Values |
|---|---|
| Number of countries with Holocaust denial laws | 17 European countries, Canada and Israel |
| Countries with Holocaust denial laws | Austria, Belgium, Canada, the Czech Republic, France, Germany, Hungary, Israel, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Russia, Slovakia, and Switzerland |
| Countries that have rejected Holocaust denial laws | Denmark, Sweden, the United Kingdom, and the United States |
| Countries with broader laws criminalizing genocide denial | N/A |
| Countries that have banned Nazi symbols | Austria, Germany, Hungary, Poland, Romania, and Russia |
| Countries where expression of genocide justification is illegal | N/A |
| Countries where portraying Nazism positively is illegal | N/A |
| Countries that prosecute individuals who promote hate speech | All countries that are parties to the International Covenant on Civil and Political Rights |
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What You'll Learn
Holocaust denial laws in Europe
Since World War II, several European countries have criminalised Holocaust denial, which is the assertion by antisemites that the genocide of approximately six million Jews was fabricated or exaggerated. Currently, 17 European countries have laws in place that cover Holocaust denial as a punishable offence. Many countries also have broader laws that criminalise genocide denial as a whole, including that of the Holocaust.
The first laws against Holocaust denial were passed under an odd assortment of laws banning defamation of the dead, the falsification of history, and group libel. Later, the prosecutions took place under laws that made Holocaust denial itself a crime.
In 1985, the Ontario government in Canada prosecuted Ernst Zundel for distributing a pamphlet entitled "Did Six Million Really Die?". Zundel was tried under a law banning the knowing distribution of false news. Although a jury twice found Zundel guilty, the media headlines conveyed the idea that the Holocaust was in doubt. Finally, in 1992, the Canadian Supreme Court held that the false news law was unconstitutional.
In 2007, Italy and the Netherlands rejected denial laws proposing prison sentences for denying genocidal acts, including the Holocaust. In 2007, a tribunal declared Spain's genocide denial law unconstitutional.
The United Kingdom, Denmark, and Sweden have twice rejected Holocaust denial laws. In the United States, Holocaust denial is constitutionally protected free speech under the First Amendment.
In September 2014, Greece amended its 1979 law on racial discrimination to make malicious denial of the Holocaust and other crimes against humanity for the purposes of inciting violence, discrimination, or hatred, or by way of threat or insult, a criminal offence.
Austria, Belgium, Canada, the Czech Republic, France, Germany, Hungary, Israel, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Russia, Slovakia, and Switzerland have all criminalised Holocaust denial.
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Holocaust denial laws in North America
Since World War II, several countries have criminalised Holocaust denial, with 17 European countries, Canada, and Israel having laws in place that cover Holocaust denial as a punishable offence. Many countries also have broader laws that criminalise genocide denial as a whole, including that of the Holocaust.
In North America, Canada has implemented laws that cover Holocaust denial as a punishable offence. In 1985, the Ontario government in Canada prosecuted Ernst Zundel for distributing a pamphlet entitled "Did Six Million Really Die?". Zundel was tried under a law banning the knowing distribution of false news. A jury twice found Zundel guilty, but some media headlines conveyed the idea that the Holocaust was in doubt. In 1992, the Canadian Supreme Court held that the false news law was unconstitutional.
Section 281 of the Canadian federal criminal code prohibits the promotion of hatred against any "identifiable group", but this statute is notoriously difficult to prosecute. For example, it was not used against Ernst Zundel during his trials in Canada. The decision of the Canadian Supreme Court that laws attempting to criminalise Holocaust denial are incompatible with Canadian guarantees of free speech has made it difficult to prosecute Holocaust denial in Canada.
In the United States, the broad interpretation by the U.S. Supreme Court of the First Amendment guarantees in its constitution has made denial of the Holocaust, promotion of Nazi ideology, and dissemination of racist and anti-Semitic speech completely legal under American law. As a result, most of the internet websites with neo-Nazi content originate in the United States but are available to anyone in the world with access to the internet.
Legislation against Holocaust denial has been proposed in the United States, but it has been criticised and met with opposition from civil and human rights activists, who argue that outlawing Holocaust denial would violate people's established rights to freedom of speech. Some courts in the United States have taken judicial notice that the Holocaust occurred during World War II. However, there have been no prosecutions of Holocaust deniers in the United States.
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Opposition to Holocaust denial laws
There is significant opposition to the implementation of Holocaust denial laws, particularly in countries that value freedom of speech and expression. Critics argue that outlawing Holocaust denial would violate people's established rights to free speech. This argument has been used by civil and human rights activists in countries such as the United States, the United Kingdom, and Ireland, which have all rejected proposals for Holocaust denial legislation.
Some historians and scholars also oppose Holocaust denial laws, arguing that imposing "historical truth as legal truth" is problematic. Notable opponents include Raul Hilberg, Richard J. Evans, Pierre Vidal-Naquet, Timothy Garton Ash, Christopher Hitchens, Peter Singer, and Noam Chomsky. These individuals argue that debating the right to free expression is more important than criminalizing Holocaust denial, and that adopting laws against it adopts a "central doctrine of the murderers."
Additionally, some critics argue that education is more effective than legislation in combating Holocaust denial. They believe that such laws may backfire by turning prohibited ideas into "forbidden fruit," making them more appealing. There is also concern that giving politicians the power to decide what can and cannot be said is dangerous.
Furthermore, opponents point out that countries with Holocaust denial laws tend to have legal systems that restrict speech in other ways, such as banning hate speech. This raises concerns about the balance between free speech and the need to combat Holocaust denial and racial hatred.
Lastly, some countries prioritize free speech over suppressing Holocaust denial and neo-Nazism. For example, the availability of Hitler's autobiography, Mein Kampf, varies across Europe, with some countries allowing its sale while others prohibit it.
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Holocaust denial in the Middle East
Holocaust denial has been criminalized in 17 European countries, Canada, and Israel. Many countries also have laws that criminalize genocide denial as a whole, including the Holocaust. However, the United States, the United Kingdom, and some other countries have not implemented such laws due to opposition from civil and human rights activists who argue that outlawing Holocaust denial would violate freedom of speech.
In the Middle East, Holocaust denial has been a part of the official ideology of the Islamic Republic of Iran. Iranian discourse often portrays the Holocaust as a fabricated myth, allegedly invented to justify the creation of Israel and expand Western influence. This framing serves to delegitimize Jewish statehood and legitimize the destruction of Israel. Iran has also been identified as the most radical anti-Israeli or anti-Zionist state in the Muslim Middle East, referring to Israel as the "Little Satan" and a "cancerous tumor".
However, there are signs that the conversation around the Holocaust is becoming more legitimate in some other Arab countries, with traditional statements of denial and distortion becoming less acceptable. For example, in 2009, Morocco's King Mohammed VI called the Holocaust "one of the most tragic chapters in modern history." Additionally, a Moroccan university held the Arab world's first Holocaust conference, and an organization of young Moroccan Muslims, called Mimouna, was founded to preserve the local Jewish community's heritage, including their experience during the Holocaust.
On International Holocaust Remembrance Day in January 2021, the Bahraini foreign minister sent a message to his Israeli counterpart, emphasizing the need to reject all forms of anti-Semitism. Furthermore, the Association of Gulf Jewish Communities recently advertised its six-country Holocaust commemoration program.
Despite these positive developments, anti-Semitic conspiracy theories remain prevalent in Arab societies, and Holocaust denial literature continues to spread. In 2018, vigilantes succeeded in temporarily shutting down a traveling exhibition on Nazi propaganda at the Tunisian National Library.
To address this issue, Arab countries have been encouraged to combat Holocaust denial at the grassroots level and raise awareness about the Holocaust in a way that resonates with the realities of the Middle East. New research has revealed that Arabs were also among the victims of the Holocaust, particularly North Africans conscripted into the French army, which could provide a basis for wider Holocaust education and commemoration in the region.
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Holocaust denial and free speech
Holocaust denial is explicitly or implicitly illegal in 18 countries, including Canada, France, Germany, Hungary, Israel, Poland, and Russia. However, the proposal and implementation of laws against Holocaust denial have sparked debates and controversies regarding free speech.
Holocaust Denial Laws and Free Speech
The legality of Holocaust denial and the implementation of laws criminalizing it have been a subject of debate, with some countries adopting legislation to punish deniers, while others have rejected such proposals citing free speech concerns.
In Canada, the Supreme Court initially ruled that Holocaust denier Ernst Zündel could not be convicted for "spreading false news" as it would violate the country's guarantee of free expression. However, in 2022, the federal government announced a bill to outlaw Holocaust denial and similar forms of antisemitic hate speech, making the willful promotion of antisemitism illegal.
Similarly, the United Kingdom has twice rejected Holocaust denial laws, and civil liberties organizations in Hungary have protested restrictions on free speech when a law against Holocaust denial was struck down in 1992. The United States has also not implemented laws against Holocaust denial due to the protection of free speech in the First Amendment.
Arguments for and against Holocaust Denial Laws
Proponents of criminalizing Holocaust denial argue that it can inspire violence against Jews and that open and tolerant democracies should actively prosecute all forms of racial and religious hatred. They contend that Holocaust denial is a form of hate speech that undermines the sense of post-World War II Germany and poses an existential threat to democracy.
On the other hand, opponents of such laws, including historians and civil liberties activists, argue that outlawing Holocaust denial violates established rights to freedom of speech. They contend that countries with laws banning Holocaust denial often have broader restrictions on speech, such as banning hate speech. Some historians also argue that imposing "historical truth as legal truth" is problematic and that criminalization may not be effective in combating Holocaust denial.
Impact of Holocaust Denial
Holocaust denial has been used as a propaganda tool by leaders in Iran, and it continues to be a cultural phenomenon with active deniers in several countries, including the United States, the United Kingdom, and Canada. The spread of misinformation and false claims about the Holocaust has led to ongoing scholarly examination and educational initiatives to combat denial and promote tolerance and diversity.
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Frequently asked questions
Holocaust denial is illegal in 17 European countries, as well as Canada and Israel. These countries include Austria, Belgium, the Czech Republic, France, Germany, Hungary, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Russia, Slovakia, and Switzerland.
Punishments for Holocaust denial vary by country but include fines, prison sentences of up to four years, and penalties of deprivation of liberty of up to three years.
The purpose of Holocaust denial laws is to prevent the resurgence of Nazism and antisemitism, and to stamp out any public reemergence of Nazi views, whether through speech, symbols, or association.
Yes, some countries do not have specific laws against Holocaust denial, including the United States, the United Kingdom, Denmark, Sweden, and Ireland. In these countries, freedom of speech and freedom of the press are often prioritized over the suppression of Holocaust denial and neo-Nazi messages.
