Proposed amendments to Finnish legislation aim to strengthen definition of hate speech

Proposed amendments to legislation on racist hate speech suggest enhancements in the interpretation of incitement against groups. According to a report commissioned by the Ministry of Justice, inciting violence or hatred should be included under this definition. While such acts have been punishable in the past, they were not specifically categorized as incitement against groups.

The report additionally recommends that racially motivated crimes directed at individuals also be classified as incitement against groups, rather than just defamation. Currently, an individual can be guilty of incitement if they threaten, defame, or insult a group based on race, skin color, or ethnic origin. The justification is that the scope of protection under incitement law is broader than defamation, as such acts target individuals representing protected groups.

Furthermore, it is suggested that the terms “defame or insult” in the incitement statute be replaced with “degrade.” This change is proposed because incitement to violence may not always constitute defamation or insult, and not all forms of incitement may signify a threat.

In 2021, the European Commission initiated infringement proceedings against Finland, arguing that the Finnish Penal Code lacks effective measures to combat racism and xenophobia. The aim of this procedure is to reach an agreement between the member state and the Commission without escalating to the European Court of Justice.

In early 2023, the Ministry of Justice requested an assessment from Professor Sakari Melander of the University of Helsinki regarding whether changes to the Penal Code were necessary in these areas. The proposed changes aim to clarify the existing legislation and ensure it meets international obligations. Preparations will continue under the leadership of the Ministry of Justice, with potential legislative changes being discussed among government parties.