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Clarification Anonymous 12/05/2020 (Sat) 05:17:46 No.13748
Since I've apparently become the BO of /k/, I was wondering if I could have clarification on Romanian laws regarding calls to violence since I imagine that will be the most likely violation to take place in regards to the global rules and would like to make sure to be transparent with the site admin and enforce policy to the best of my ability. I am obviously not well-versed on Romanian law, and while I'd prefer to live and let live where possible, I also do not want to put the site admin in hot water or be in violation of the global rules. The rules mentioned threats of individual violence and I assume that to a lesser extent implicit terroristic threats would also fall under global rules, but I'd like to establish a line to draw so that I'm not stepping on toes when it comes to the boundary between what can reasonably be considered a suggestion in poor taste versus an illegal (in Romania) call to violence. I'll provide an example that just got posted below for clarification/so that it's not in the OP if it happens to be in violation of the global rules.
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Here's the post in question someone made since I imagine comments like these on a /k/ board would become more frequent in the months to come given political unrest in the USA and don't want to trouble the site admin nor the board users more than necessary.
>>13748 >>13749 In the Global Rules, one of the examples given is of the law that prevents Threats Against Specific Individuals, which outlaws: >threatening an individual with the commission of an offense or of a prejudicial act against them or other individual, if this is of nature to cause a state of fear Suggesting that someone go and shoot up a riot is terribly unwise on nearly every level we can think of, but it does not appear to be a threat against a specific individual. It is, however, extremely non-relaxed bordering on downright stressful. Since you are now a Board Owner, we suggest you review the Romanian Criminal Code thoroughly so that you will be well-positioned to enforce the Global Rules. Particularly, note our comments on the Global Rules page: >This is not an exhaustive list of things that are illegal in Romania. It is not legal advice. >Quotations from the Criminal Code are provided as examples only and are not kept up to date. Here, as examples, are two PDFs covering a version of the Criminal Code. You should enforce order on your board as best harmonizes anon.cafe's global rules and your own local requirements.
>>13751 I'll work on reading through those over the next week or two for your sake since in general I don't want to make things a mess and don't want to cause a ruckus for you. >It is, however, extremely non-relaxed bordering on downright stressful. Agreed. These first couple weeks will probably be people testing the boundaries (that always happens under new management) which will be a hassle. My goal is by the end of December, anon will have a better understanding of what is and isn't allowed under the Romanian penal code in regards to violence so that these won't be an issue. It would be a different story if /k/ was on its own website, but as a member of anon.cafe it is important to remember that the actions of the board can affect the rest of the board. To use an analogy, we're more like tenants in an apartment complex, not home owners, and we should respect our neighbours.
>>13752 >the anon.cafe apartment complex Now I'd live in a place like that.
We have received a question about incitements to crime and/or genocide and how they interact with Romanian law per Anon.cafe's global rules. Please keep in mind that only the Romanian judiciary can decide precisely where, how, and to what a given law applies. We're doing our best to balance good-faith interpretations of the law with not stifling speech here. The version of the Criminal Code we refer to has been posted as a PDF at >>13751. Genocide Genocide is outlawed by Article 438 of the Criminal Code, within Chapter 1 (Crimes of genocide and crimes against humanity) of Title XII (Crimes of genocide, crimes against humanity and war crimes). The full Article states: >Art. 438 >Genocide >(1) The act of committing, with the goal of destroying, in whole or in part, a national, ethnic, racial or religious group, one of the following offenses: >a) killing members of the group; >b) harming the bodily or mental integrity of members of the group; >c) subjecting the group to living conditions of a nature that will lead to their physical destruction in whole or in part; >d) enacting steps to prevent births within the group; >e) forced transfer of children belonging to one group to a different group, shall be punishable by life imprisonment or no less than 15 and no more than 25 years of imprisonment and a ban on the exercise of certain rights. >(2) If the acts described in par. (1) are committed in wartime, shall be punishable by life imprisonment. >(3) Conspiracy to commit the crime of genocide shall be punishable by no less than 5 and no more than 10 years of imprisonment and a ban on the exercise of certain rights. >(4) Incitement to commit the crime of genocide, committed directly, in public, shall be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise of certain rights. Instigation Instigation is defined in Article 47: >ART. 47 >Instigator >An instigator is a person who, with direct intent, determines another to commit an act stipulated by criminal law. The word "determines" here is somewhat confusing; we assume it to be a translation glitch. The dictionary definition of "determine" is: >determine: to control or influence something directly, or to decide what will happen For example, someone who orders financial fraud to happen but does not do it themselves is the instigator of that fraud. Public instigation of offenses is outlawed by Article 368 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. 368 >Public instigation >(1) The act of urging the public, verbally, in writing or by any means, to commit offenses shall be punishable by no less than 3 months and no more than 3 years of imprisonment or by a fine, without exceeding however the penalty provided by law for the offenses to which the perpetrators instigated. 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.
>>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.
>>13837 Does the offense of Incitement of hatred require specific criteria like that of threats? My reading of the statues leads me to conclude for any of the code sections to apply, one must apply a threat to a direct individual (or in this case a group in 438, 369), a location(s), and possibly a time frame. For example: the "gas the jews now" is borderline, whereas I would assume that "Gas the Karaites at XYZ location tomorrow" would not be acceptable under art 369 and art 438.
>>13837 I'm not well versed in legal rhetoric, but if they are using that definition of incite, and it includes discrimination after an "or" wouldn't this include any sort of disparaging speech against any group?

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