Criminal offence
Hate speech is a criminal offence which can be lawfully prevented or punished by the state. The Slovenian Criminal Code allows for the sanctioning of hate speech through deprivation of liberty for up to two years.
For a crime to be considered hate speech, it must fit the description of hate speech outlined in Article 297 of the Slovenian Criminal Code, which says that anyone who publicly incites or incites hatred, violence or intolerance based on national, racial, religious or ethnic origin, gender, colour, descent, property, education, social status, political or other opinion, disability, sexual orientation or any other personal circumstance, and when the act is committed in a manner likely to endanger or disturb public order or by using threats, intimidation or insults, should be punished by imprisonment of up to two years. In addition, public propagation of ideas about the superiority of one race over another or giving any assistance to racist activity, as well as the public glorification, denial, acquittal or gross trivialization of genocide, holocaust, war crimes and crimes against peace and humanity are considered to be punishable hate speech.
It is not just the authors who can be found guilty in criminal cases involving hate speech. You may also be found liable for the mere dissemination of hate speech if you endorse the message. For example, when offering a platform by publishing or broadcasting the message as an editor of the platform or broadcasting service.
Read more about the right to a fair trial in criminal proceedings.
Elements of hate speech in hate crimes
A biased or hateful motive for any other crime is to be taken into account as an aggravating circumstance, where a more severe punishment is to be expected. During the trial, the court can take the aggravating circumstances into account, namely, the bias motive, when adopting its decision.
example If witnesses say that they heard the perpetrator shouting homophobic slurs before attacking a gay couple, this should be considered during the investigation and further action.
Furthermore, the Slovenian Criminal Code defines certain crimes with a hateful element, where hate speech can be an indicator of a biased motive or intent for the commitment of the crime. It is important any elements of hate speech, noticed before, during or after the commitment of a crime, are properly investigated by the police and included in the prosecution.
Crimes with a biased motive are:
- Violations of equal rights (Article 131 CC-1),
- Murder (Article 116 CC-1),
- Torture (Article 135.a CC-1),
- Violations of equality in employment and social services (see Articles 197, 198 and 202 CC-1) and
- “Hate speech” or Prohibition of incitement to hatred (Article 297 CC-1).
In Slovenia, the Criminal Code establishes that any crime committed with a biased motive towards an individual or a group due to the victim’s race, nationality, ethnicity or religion may be considered to have aggravating circumstances. During the trial, the court can take the aggravating circumstances into account, namely, the bias motive, when adopting its decision. In general, aggravating circumstances can be applied to all crimes established by the Criminal Code. This means that, in some cases, hate speech can help establish that a crime should be considered to be a hate crime or that aggravating circumstances existed.
example If witnesses say that they heard the perpetrator shouting homophobic slurs before attacking a gay couple, this should be considered during the investigation and further action.
Read more about hate crimes and the differences between hate crimes and hate speech.