http://www.consilium.europa.eu/…/93739.pdf

The text establishes that the following intentional conduct will be punishable in all EU Member States:

  • Publicly inciting to violence or hatred, even by dissemination or distribution of tracts, pictures or other meterial, directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin.
  • Publicly condoning, denying or grossly trivialising
    • crimes of genocide, crimes against humanity and war crimes as defined in the Statue of the International Criminal Court (Articles 6,7 and 8 ) directed against a group of personsor a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin, and
    • crimes defined by the Tribunal of Nuremberg (Article 6 of the Charter of the International Military Tribunal, London Agreement of 1945) directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin.

Member States may choose to punish only conduct which is either carried out in a manner likely to disturb public order or which is threatening, abusive or insulting.

And later we get:

Member States will ensure that these conducts are punishable by criminal penalties of a maximum of at least between 1 and 3 years of imprisonment.

The Framework Decision will not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles, including freedom of expression and association, as enshrined in Article 6 of the Treaty of the EU.

It seems to me that the EU and I have different definitions of ‘freedom of expression and association.’ I fail to see how jailing someone for 3 years for saying the Holocaust was no big deal and respecting freedom of expression can coexist.

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