Proposed amendments to hate speech laws in Finland after Ministry of Justice study

Proposed amendments to legislation concerning racist hate speech have emerged following a study commissioned by the Ministry of Justice in Finland. The report suggests that incitement against a group should be interpreted to also encompass incitement to violence or hatred. While such actions have previously been punishable, they were not directly categorized as incitement against a group.

Additionally, the study recommends that racist crimes directed at individuals be prosecutable as incitement against a group, whereas currently, they are charged as defamation. The current law penalizes threats, defamation, or insults directed toward groups based on race, skin color, or ethnicity. The rationale behind the study states that incitement offenses offer a broader protective scope than defamation, as they target individuals representing a protected group.

The report further suggests replacing the wording “defame or insult” in incitement laws with “demean.” This change is justified as incitement to violence does not always equate to defamation or insults, and not all incitements are threats.

In 2021, the European Commission initiated an infringement procedure against Finland, arguing that its criminal laws lacked effective measures to combat racism and xenophobia. The objective of the procedure is to reach an agreement between the member state and the Commission without resorting to court.

The Ministry of Justice asked Professor Sakari Melander from the University of Helsinki to assess the necessity of these legal amendments. The proposed changes aim to clarify the existing regulation and ensure compliance with international obligations. Preparations for these potential legislative changes will continue under the leadership of the Ministry of Justice, with decisions to be made among the ruling coalition parties.