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Whereas publishing false statements can often be a civil wrong (e.g. libel/defamation), I am seeking examples of where it has been criminalised and codified.

Limitations:

  • Reasonably genuinely democratic jurisdictions. Not interested in authoritarian/dictatorship states where "fake news" or "discrediting" crimes exist
  • "Publishing" excludes perjury, fraud, hate speech, false police reporting etc.
phoog
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Greendrake
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    http://legaldb.freemedia.at/special-report-criminal-libel-in-the-united-states/ asserts that as of 2015, there were fifteen US states that had criminal libel laws. Does that fit your criteria? – Nate Eldredge Jun 05 '23 at 07:00
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    There were laws about COVID misinformation in some countries. Do you have a definition of "Reasonably genuinely democratic jurisdictions", because Hungary and Russia are two that passed laws. India is also a possible, but again, it's increasingly authoritarian. – Stuart F Jun 05 '23 at 09:57
  • Related (not duplicate) https://law.stackexchange.com/questions/27383/when-is-it-illegal-to-lie – adam.baker Jun 06 '23 at 06:20
  • Why is fraud excluded from publishing? – Barmar Jun 06 '23 at 15:04
  • @Barmar Because fraud is a codified crime virtually everywhere, it would dilute the interesting stuff. Also, the direct purpose of fraud is monetary gain, not spreading information. It's the latter that the question focuses on. – Greendrake Jun 06 '23 at 15:29
  • I get it. But there can be many reasons why one spreads disinformation. Some of the answers mention laws that require that it be for the purpose of annoying someone (presumably the person about whom the false claims are made). – Barmar Jun 06 '23 at 15:36

7 Answers7

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Several countries have laws against Holocaust denial. Such laws typically punish people who seriously minimise the scale of Nazi crimes, or entirely deny that generally accepted Nazi atrocities took place. The Wikipedia page lists several examples.

In Austria, National Socialism Prohibition Law (1947, amendments of 1992) section 3h criminalizes "whoever denies, grossly plays down, approves or tries to excuse the National Socialist genocide or other National Socialist crimes against humanity in a print publication, in broadcast or other media."

Belgium also has a 1995 law against those who "grossly minimise, attempts to justify, or approves the genocide committed by the German National Socialist Regime during the Second World War", punishable by "a prison sentence of eight days to one year, and by a fine of twenty six francs to five thousand francs".

In Czechia it is forbidden not only to deny Nazi genocide and crimes against humanity, but also similar crimes by Communist regimes (presumably primarily aimed at the Communist rulers in Czechoslovakia, the Soviet Union, and elsewhere in Eastern Europe). The Law Against Support and Dissemination of Movements Oppressing Human Rights and Freedoms (2001) § 405 says "Anyone who publicly denies, disputes, approves or attempts to justify a Nazi, Communist or other genocide or Nazi, Communist or other crimes against humanity or war crimes or crimes against peace will be punished by imprisonment for six months to three years".

Stuart F
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    It should not come as a surprise that Germany belongs to this list as well. – Jörg W Mittag Jun 05 '23 at 15:00
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    It's a bit shocking to see the word communist included there. As it's a concept that is not based in oppression in any way. This reeks of capitalist influence. – TheEvilMetal Jun 06 '23 at 10:53
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    @TheEvilMetal Czechoslovakia was under Communist regime for 40 years, including the Prague Spring and Soviet invasion to stop the country from reforming itself. Communism was just a concept for them. – AmiralPatate Jun 06 '23 at 11:41
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    @AmiralPatate So what? That doesn't make communism equivalent to terrorism or nazi-ism. At some point some bad people claimed to be communist. Many bad people also claim to be capitalist or socialist or any other ideologies. Banning the concept must require that the concept itself is ban worthy. The concept of workers owning the business they work in is not ban worthy. The ban is from capitalist influence. To denounce the ideology that opposes their own private ownership. – TheEvilMetal Jun 06 '23 at 11:49
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    @TheEvilMetal Firstly, the answer makes no mention of banning Communism, only of banning denial of Communist crimes. Secondly, again, Communism in Eastern Europe wasn't theoretical, it was a concrete political system, responsible for decades of arbitrary arrests, forced labour, censorship, lack of self-determination, and privations. And for reference, the majority of Czech today were born before the end of Communism. Hence why A) Communist isn't greatly appreciated still, and B) denying Communist crimes is considered just as reprehensible as denying Nazi crimes. – AmiralPatate Jun 06 '23 at 12:29
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    @TheEvilMetal - Some might say this shows the downsides of creating a precedent for trying to criminalize the expression of odious ideas: sooner or later the legal framework that you have created will be turned against ideas that you think are beneficial. – Obie 2.0 Jun 07 '23 at 23:47
  • @TheEvilMetal 2 things.
    1. the term capitalist is a Marxist generated pejorative phrase used to describe free market economies... IE economies where people are free to spend their time, resources, and money how they want. And was invented by Marx because describing the opposition system to his theoretical heaven as trying to gain support against 'free market economies' wasn't very effective.
    – Questor Jun 07 '23 at 23:49
  • I have yet to see a capitalist society build walls to keep people from leaving the country. From coming in yes. But from leaving? Show me one and I will accept your claim. I would love for you to explain to me why a system of government that creates societies that people cross oceans to enter is worse then a system of government that people cross oceans on milk carton rafts to leave.... If communism leads to a utopian heaven why are all examples of communist countries such great examples of dystopian hells?
  • – Questor Jun 07 '23 at 23:50