Amnesty International Denmark is advocating for the strengthening of legislation against hate speech, citing a survey revealing that a significant portion of Danes refrain from expressing themselves due to fear of hate speech. The organization emphasizes the importance of balancing freedom of expression with the need to protect individuals and groups from discrimination and hatred.

According to Amnesty International Denmark, their stance is rooted in the legal definition of hate speech as outlined in the Criminal Code’s section 266 b, which criminalizes statements that threaten, mock, or degrade individuals or groups based on factors such as race, skin color, national or ethnic origin, belief, disability, sexual orientation, gender identity, gender expression, or gender characteristics. They insist that punishing hate speech is vital for protecting freedom of expression and preventing hateful rhetoric from escalating to violence, especially during times of increasing polarization.

Amnesty International Denmark acknowledges the ongoing debate surrounding hate speech and its distinction from harsh tone. They highlight the need for both legal and social measures to combat hate speech, including the enforcement of section 266 b of the Criminal Code and “conversation activism,” which involves educating individuals about their rights and providing tools to counter expressions that can lead to hatred and discrimination.

Amnesty International Denmark points to a discrepancy between the number of hate speech incidents reported and the number of convictions, using their investigation, which documented that police closed 72% of all cases regarding section 266 b of the Criminal Code from 2000 to 2022, and the Ministry of Justice’s victim survey that in 2022, up to 23,000 people were subjected to hate speech online, while only eight of 112 reported cases went before a judge. They believe this disparity underscores the need for action to ensure that individuals can express themselves without fear of hatred.

The organization clarifies that its position is based on the legal text of section 266 b of the Criminal Code, which criminalizes specific statements that threaten, mock, or degrade groups of people. The organization references the historical context of section 266 b of the Criminal Code, introduced in 1939 following Kristallnacht to protect Jews against the Nazi regime and later expanded to protect minorities targeted by discrimination and hatred, emphasizing the importance of safeguarding the foundations of freedom of expression.