Group defamation, as established in Article 137c of the Penal Code, concerns the intentional insulting of a group of people on the basis of race, religion, belief, sexual orientation or disability. This law provides for a penalty of up to one year in prison or a third-category fine for such remarks. This is a punitive form of common insult.
Despite the fundamental right to freedom of expression, as protected by Article 10 of the European Convention on Human Rights (ECHR), there are limits to this freedom when it comes to expressions that incite hatred or discrimination. The ECHR especially protects freedom of expression in political debates, but this right is not absolute. Restrictions are permitted if they are provided for by law, serve a legitimate purpose and are necessary in a democratic society.
Article 137c of the Criminal Code constitutes a statutory exception to this right, guaranteeing the protection of groups against insulting statements. The distinction between group insult and other insulting offenses lies in the public nature of the utterance and the specific nature of the insult directed against a group.
What does the law article say regarding group insult?
The article of law criminalizing group insult, Article 137c of the Penal Code, reads as follows:
'1. He who in public, orally or by writing or picture, intentionally makes insulting remarks about a group of people on account of their race, religion or belief, heterosexual or homosexual orientation, or their physical, mental or intellectual disability, shall be punished with imprisonment of not more than one year or a fine of the third category.
2. If the offense is committed by a person who makes it a profession or habit or by two or more united persons, imprisonment for not more than two years or a fine of the fourth category shall be imposed.
What penalties can be imposed in cases of group insult?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for group insult is three months. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a case of suspected group defamation. One of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted group insult punishable?
Attempting this crime is not punishable.
Exoneration for group insult?
With regularity, suspects are acquitted of this crime. An example is shown below.
In a ruling on Oct. 18, 2022, the Supreme Court rejected the appeal in cassation against the acquittal of a suspect for group defamation. The defendant had made offensive remarks about Muslims during a Pegida demonstration in 2015 and later posted them on Facebook. The court had ruled that although the statements were offensive, they could not be considered unnecessarily hurtful in the context of public debate. The Supreme Court affirmed that the court had assessed the remarks in the context of the demonstration and freedom of expression and the acquittal was justified.
Need lawyer for group insult?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of group defamation. Our lawyers will discuss with you the criminal case file and together with you determine a strategy that can achieve your desired success. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Click here to read more about simple insult and incitement to hatred, violence and discrimination.
