>>16442
There is nothing about how specific nor clear an act of public instigation might have to be to qualify under this law. We imagine that saying something like "everybody must firebomb the house at 123 Fake St" might qualify as instigation.
Taken together, we might therefore conclude that directly urging the public to kill members of a national, ethnic, racial or religious group, harm the bodily or mental integrity of members of the group, subject the group to living conditions of a nature that will lead to their physical destruction in whole or in part, enact steps to prevent births within the group, or force transfer of children belonging to one group to a different group, may be considered an instigation of genocide.
Two examples were provided to us.
First example, where a post read:
>"How much chlorine gas would one need to to theoretically gas a Walmart or similar in size building? Just for killing pests of course."
This is a question and does not appear to be urging anyone to do anything, even if it is a terribly unwise thing to ask on a board where weapons are discussed. This falls into the kind of post that /k/'s posters usually label as originating from law enforcement agent-provocateurs.
Second example, a general one that referred to no particular post:
>"gas the jews now"
Such statements are borderline. Such statements are usually hyperbole rather than serious urging. One must take context into account to determine whether any given post "[urges] the public" to take the action.
Hatred
Incitement to hatred or discrimination is outlawed by Article 369 of the Criminal Code, within Chapter 1 (Offenses against public order and peace) of Title VIII (Offenses that harm social relationships). The article states:
>ART. 369
>Incitement to hatred or discrimination
>Inciting the public, using any means, to hatred or discrimination against a category of individuals shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.
The problem for us here is the word "incitement", which appears in the Criminal Code only twice: Once in Article 369 (hatred), and once in Article 438 (genocide). "Incitement" here is different from "instigation". We therefore fall back on general use. The dictionary definition of "incite" is:
>incite: to encourage someone to do or feel something unpleasant or violent, or to cause violent or unpleasant actions
This is as far as our reasoning has taken us so far. We welcome further input and discussion.Two examples were provided to us.
First example, where a post read:
>"How much chlorine gas would one need to to theoretically gas a Walmart or similar in size building? Just for killing pests of course."
This is a question and does not appear to be urging anyone to do anything, even if it is a terribly unwise thing to ask on a board where weapons are discussed. This falls into the kind of post that /k/'s posters usually label as originating from law enforcement agent-provocateurs.
Second example, a general one that referred to no particular post:
>"gas the jews now"
Such statements are borderline. Such statements are usually hyperbole rather than serious urging. One must take context into account to determine whether any given post "[urges] the public" to take the action.
>>13836 (continued)
Hatred
Incitement to hatred or discrimination is outlawed by Article 369 of the Criminal Code, within Chapter 1 (Offenses against public order and peace) of Title VIII (Offenses that harm social relationships). The article states:
>ART. 369
>Incitement to hatred or discrimination
>Inciting the public, using any means, to hatred or discrimination against a category of individuals shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.
The problem for us here is the word "incitement", which appears in the Criminal Code only twice: Once in Article 369 (hatred), and once in Article 438 (genocide). "Incitement" here is different from "instigation". We therefore fall back on general use. The dictionary definition of "incite" is:
>incite: to encourage someone to do or feel something unpleasant or violent, or to cause violent or unpleasant actions
This is as far as our reasoning has taken us so far. We welcome further input and discussion.