What is the Holocaust?
Holocaust is a "state-sponsored, systematic persecution and mass murder of Jews". Holocaust denial is denying that the genocide of Jews had taken place by the Nazis. The Nazis had built upon anti-Jewish sentiment and viewed them as a separate 'race' that could not be incorporated into European society.
European approach:
Council of Europe has addressed Holocaust denial through the case law of European Court of Human Rights. It has pointed to antisemitic nature of the prohibited statements and qualifying them as abuse of rights. The court has relied upon 'abuse of rights' under Article 17 European Court of Human Rights. The European Commission in October 2021 there was the adoption of EU Strategy on Combating Antisemitism and Fostering Jewish Life. The strategy addresses Holocaust denial and distortion, promoting Human Rights and developing a handbook on best practices.
Belgium:
Holocaust denial has been illegal in Belgium since 1995. The Negationism law provides for a prison sentence of eight days to one year. Publication in one of more newspapers of the judgement (partial or all) may be ordered. The guilty party may have their civic rights suspended in accordance with Article 33 of the Penal Code. The law was introduced in response to a rise in antisemitism and racism in Belgian society since 1980s and honouring the victims of the Holocaust. 1981 Anti-Racism Act new penal provision on the denial and minimalisation of actions committed.
Germany:
Holocaust denial is prosecuted based on statutes protecting individual rights. Denial of dignity and insult to Jewish residents of Germany and descendants who have been persecuted under the Nationalist Regime. This is protected under the law: Section 185 German Criminal Code. In 1994 Germany parliament had adopted the law combatting crime which introduced a provision penalising Holocaust denial.
England and Wales:
There is no offence under legislation for the denial of the Holocaust. However, it can be sought as an offence under the Malicious Communications Act 1988 and Communications Act 2003. Alison Chabloz is a blogger who believes 'Hitler was right', in 2018 she was convicted of 2 offence under Section 127 Communications Act 2003. She had uploaded anti-semitic songs to Youtube, and links to her blog page. She was given a suspended sentence of 20 weeks imprisonment suspended for two years. In May and July 2019 she made remarks on a radio show and argued that Jews did not conform to her idea of Western society. At the end of March she was convicted under further offences and received an 18 week term of imprisonment.
A series of laws and regulations have been implemented to penalise the denial of the Holocaust as a form of dangerous speech. More than 25 European countries have laws addressing the Holocaust denial. Gayssot Law specific reference to crimes outlined in Article 6 of the Charter International Military Tribunal it is a crime to "glorify war crimes, crimes against humanity or crimes and offenses of collaboration with the enemy".
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