Rallying under a Nazi Swastika Flag - Is it a Criminal Act?

Abstract

On April 5th, 2024, the Helsinki Court of Appeal held that rallying under a Nazi swastika flag constituted an offense of incitement to hatred, namely, agitation against a group of population. Contrary to German law, Finnish law does not include any specific prohibition of symbols of this kind. It therefore leaves it open under which circumstances the public use of symbols such as those linked with the Nazi regime in fact constitute a criminal offense. Against this background, the Court of Appeal’s conclusion is to be welcomed. Had the outcome been different, this would have triggered a set of difficult questions of how to amend the regulatory framework in order to address this issue. The judgment may, however, still be appealed.

Keywords

• Finland
• Hate Speech
• Hate Speech Regulation
• Incitement of Racial Hatred
• Neonazi Party