While legal in most countries,[2][3] the display of flags associated with the Nazi government (see: Nazi flags) is subject to restriction or an outright ban in several European countries.
Many Nazi flags make use of the swastika symbol;[4] however, the swastika is not always used in connection with the Nazi Party movement or of the German Third Reich or the combined German military of 1933–1945. Outside of Nazism, use of swastikas pre-dates the German Third Reich by some 3,000 years.[5][6]
Implicit limitations likely exist. Keeping Nazi symbolism visible under certain circumstances could situationally constitute agitation against a population group.[13][14]
Canada has no legislation specifically restricting the ownership, display, purchase, import, or export of Nazi flags. However, sections 318–320 of the Criminal Code,[39] adopted by Canada's parliament in 1970 and based in large part on the 1965 Cohen Committee recommendations,[40] make it an offence to advocate or promote genocide, to communicate a statement in public inciting hatred against an identifiable group where it is likely to cause a breach of the public peace, or to communicate a statement which wilfully promotes hatred (other than in private conversation) against an identifiable group. The Criminal Code also provides a framework for the judicially-authorized seizure, forfeiture, and disposal of hate propaganda.[40]
United States
The First Amendment to the United States Constitution guarantees freedom of speech, which the courts have interpreted very broadly to include hate speech, severely limiting the government's authority to suppress it.[38] This allows political organizations great latitude in expressing Nazi, racist, and antisemitic views. A landmark First Amendment case was National Socialist Party of America v. Village of Skokie, in which neo-Nazis threatened to march in a predominantly Jewish suburb of Chicago. The march never took place in Skokie, but the court ruling allowed the neo-Nazis to stage a series of demonstrations in Chicago.[41]
South America
Brazil
The use of Nazi symbols is illegal in Brazil. Laws No. 7,716/89 and No. 9,459/97 establish imprisonment and a fine for anyone who produces, markets, distributes, or disseminates symbols, emblems, ornaments, badges, or propaganda that use the swastika to advocate Nazism.[12]
Asia
China
Until 2018, displaying Nazi symbol was treated as a kind of minor offence when it amounted to harassment, so those displaying Nazi symbols were usually punished by a small fine or less than 20 days detention under the Public Security Administration Punishment Law.[42][43][44]
The use of Nazi symbols is not a crime in Japan.[citation needed]
Saudi Arabia
In Saudi Arabia, the display of Nazi symbols is illegal.[citation needed]
Singapore
There are no specific laws banning the use of Nazi symbols, and up to date no one has been punished for displaying Nazi-related symbols in Singapore; but anyone promoting "feelings of ill-will and hostility between different races or classes of the population of Singapore" under laws of sedition may be arrested.[51]
South Korea
The Republic of Korea has no provisions or laws regarding the use of Nazi imagery.[30]
There are currently no provisions and laws in Taiwan that ban or regulate the use of Nazi symbols and imagery as long as it lies within the legal bounds of freedom of speech under the constitution.[34][52] The use of Nazi symbolism and imagery in the country has been observed throughout the years, often causing controversy.[53][54]
The use of Nazi symbols is legal in Thailand.[55][35]
Europe
Austria
Austria strictly prohibits the public display and/or proliferation of all insignia/symbols, emblems, uniforms (full or partial), flags, etc., clearly associated with the National Socialist German Workers' Party (NSDAP, commonly known as the Nazi Party). There are legal exceptions for works of art (including books, films, theatre performances, computer games, and educational/memorial public exhibitions, etc.), these however do not apply if the respective work promotes National Socialism (as this is generally prohibited in Austria). The law has been amended to include commonly recognised replacements or slightly modified depictions of Nazi symbols.
Violations of the Badges Act 1960 (Abzeichengesetz 1960), which prohibits the public display of Nazi symbols, result in up to €4000-fine and up to one month of imprisonment as punishment. However, if the violation is deemed an attempt to promote National Socialism, the Prohibition Act 1947 (Verbotsgesetz 1947) is applied, resulting in up to ten years of imprisonment.[citation needed]
However, trading medals, uniforms or other memorabilia is not illegal in Austria.
Article 3411 of the Criminal Code prohibits the public display, production, distribution, or storage for the purpose of distribution of Nazi symbolism or paraphernalia. The offense carries penalties of a fine, arrest, up to three years of restraint of liberty, or up to four years of imprisonment as punishment. Additionally, Article 1301 of the Criminal Code prohibits the rehabilitation of Nazism, with penalties including a fine, arrest, up to five years of restraint of liberty, or up to five years of imprisonment.[10]
Cyprus
Cyprus has no legislation designed to restrict the ownership, display, purchase, import or export of Nazi flags, nor does the Criminal Code of Cyprus expressly allow for racist or other bias motives to be taken into account when sentencing.[58]
However, use of Nazi flags in a manner likely to cause discrimination, hatred, or violence may be dealt with under Cyprus' ratification of the UN Convention on the Elimination of All Forms of Racial Discrimination. This allows for the prosecution of anyone who expresses an idea (in public, using almost any medium including flags) which insults another person's race, religion or ethnicity.[citation needed]
Czech Republic
This section needs to be updated. Please help update this article to reflect recent events or newly available information.(October 2014)
Czech Republic has no legislation restricting ownership, display, purchase, import or export of Nazi flags; indeed Czech legislation makes even the banning of protests involving such flags very difficult.[59]
In 1991, in Czechoslovakia, the criminal code was amended with 260 which banned propaganda of movements which restricted human rights and freedoms, citing Nazism and Communism. Later the specific mentions of these were removed citing their lack of clear legal definition. However, the law itself was recognised as constitutional.[60]
The police may cancel such events only once it becomes clear that protesters are inciting hate, which is deemed illegal in the Czech Republic. Legal regulation of hate crimes in the Czech Republic is contained in Act 140/1961 The Criminal Act[61] (amended by Act 175/1990).
Act 40/2009 have prohibited promotion of movements aimed at suppressing human rights and freedoms.[62]
Estonia
In early 2007, the Riigikogu was proceeding a draft bill amending the Penal Code to make the public use of Soviet and Nazi symbols punishable if used in a manner disturbing the public peace or inciting hatred.[63] The bill did not come into effect as it passed only the first reading in the Riigikogu.[64]
Finland
Finland has no explicit legislation aimed at controlling ownership, display, purchase, import or export of Nazi symbols. However the Criminal Code (39/1889 contains sections that could situationally limit the usage of Nazi symbolism (e.g. Chapter 11 'War crimes and offences against humanity' section 10 (agitation against a population group) and 10 a (aggravated agitation against a population group)).[65] The Criminal Code's Agitation against a population group sections may be applicable when Nazi symbolism is used to threaten, defame, or insult a certain group "on the basis of its race, colour, birth, national or ethnic origin, religion or belief, sexual orientation or disability or on another comparable basis". It remains ambiguous whether keeping Nazi symbolism visible under certain circumstances constitutes agitation against a population group.[13][14]
Finnish usage of the swastika predates Nazi Germany's usage of the Nazi swastika.[66] As of 2024, flags containing the symbol can be found within the Finnish military. Particularly the Finnish Air Force.[67][68]
France
In France, it is a crime to display Nazi flags, uniforms and insignia in public, unless for the purpose of a historical film, show, filmmaking or spectacle.[15]
In April 2000, the International League against Racism and Anti-Semitism and Union des étudiants juifs de France (the Union of French Jewish Students) brought a case against Yahoo! which objected to the auctioning of Nazi memorabilia, in France, via Yahoo!'s website on the basis that it contravened Article R645-1.[69] A French judge did initially order Yahoo! to take measures to make it impossible for users in France to reach any Nazi memorabilia through the Yahoo! site.[70]
After World War Two, the penal code of the Federal Republic of Germany was amended to prohibit propaganda material and symbols of forbidden parties and other organisations (StGB 86 and 86a). This explicitly includes material in the tradition of a former national socialist organization. The production and distribution of such material is prohibited, as is the public display of the related symbols. Legal consequences can be a fine or a prison term of up to three years.
Examples are Nazi symbols, such as the swastika and the SS logo. It is legal to use the symbols for educational and artistic purposes, such as in films and videogames.[71] Exceptions are also made when the symbols are used to condemn Nazism, rather than condone it. (i.e. A symbol of a person throwing a swastika in a trash can, a crossed-out swastika, etc. would be legal.)[72]
Hungary
Section 335 of the Act C of 2012 on the Criminal Code of Hungary regulates the "use of symbols of totalitarianism", including the swastika, the insignia of the SS, the Nyilaskereszt, the hammer and sickle, and the five-pointed red star.[73]
Italy
In Italy, it is a crime to display Nazi symbols.[citation needed]
Latvia
In June 2013, the Latvian parliament approved a ban on the display of Nazi and Soviet symbols at all public events. The ban involves flags, anthems, uniforms, and the Nazi swastika.[74][20]
Lithuania
Lithuania banned Nazi symbols in 2008 (Article 18818 of the Code of Administrative Offences) under the threat of a fine.[21] Article 5 of the Law on Meetings prohibits meetings involving Nazi and Soviet imagery.[75]
Poland
In 2009, § 2 to 4 were added to Article 256 of the Polish Penal Code banning the "production, recording, importing, acquiring, storing, possessing, presenting or transporting" for the purpose of dissemination of "prints, recordings or other objects" that "publicly promote a fascist or other totalitarian system of state", unless done "as part of artistic, educational, collecting or academic activity", and provides for forfeiture regardless of owner upon conviction.[24]
Russia
Russian administrative code prohibits propaganda, production and dissemination of Nazi symbols, lookalikes, and the Rising Sun Flag with fines up to 100,000 rubles.[28]
Serbia
In 2009, Serbia passed a law prohibiting "manifestations of Neo-nazi or Fascist organizations and associations, and use of the Neo-nazi or Fascist symbols and insignia".[29]
Spain
In Spain, there is no law prohibiting the display of Nazi symbology except when associated with criminal conduct.[31] A proposed ban is still awaiting consideration.[76]
The public display of Nazi and communist flags is illegal in Ukraine. Exceptions are symbols used for artistic, educational, scientific and historical purposes, symbols that were used until 1991.[36][77]
United Kingdom
According to the British law, the use of Nazi symbols is not a crime,[37] but it was from 1939 until 1945. [citation needed]
Oceania
Australia
The public display of Nazi flags is illegal nationwide, as well as in the states of New South Wales,[78]Queensland,[79]Tasmania,[80]Victoria[81] (also banned the Nazi salute)[82] and Western Australia.[83] Laws have also been proposed in the remaining states and territories. In June 2023, the Albanese government introduced legislation to criminalize the sale and public display of Nazi symbols and the public performance of the Nazi salute. It was introduced under the bill "Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures)". The law went into effect on 8 January 2024, and violations are punishable by up to 12 months in prison.[7][84]
^ abPenal code, article R645-1; beware that this article is in the "regulations" part of the code (R articles) and that some editions may include only the "statutes" part (L articles).
^ ab"Статья 20.3. Пропаганда либо публичное демонстрирование нацистской атрибутики или символики, либо атрибутики или символики экстремистских организаций, либо иных атрибутики или символики, пропаганда либо публичное демонстрирование которых запрещены законом". Кодекс об Административных Правонарушениях РФ Russian National Unity (RNU; transcribed Russkoe natsionalnoe edinstvo RNE) or All-Russian civic patriotic movement "Russian National Unity" (Russian: Всероссийское общественное патриотическое движение "Русское национальное единство") was an unregistered neo-Nazi,[2][3][4][5][6] irredentist[7] group based in Russia and formerly operating in states with Russian-speaking populations.[8][9] It was founded in 1990 by the ultra-nationalist Alexander Barkashov.[8] The movement advocated the expulsion of non-Russians and an increased role for traditional Russian institutions such as the Russian Orthodox Church. The organization was unregistered federally in Russia, but nonetheless collaborated on a limited basis with the Federal Security Service.[7] The group was banned in Moscow in 1999[10][11] after which the group gradually split up in smaller groups and their webpage became defunct in 2006.[12][13] 2021.
^ ab"2男台北歐洲學校前舉「納粹旗」 士林警局：目前僅能勸導" [Two men held the Nazi flags in front of the Taipei European School; Shilin Police Station: We can only persuade them not to do for the time being]. Liberty Times (in Chinese (Taiwan)). Taipei, Taiwan. 27 September 2023. Retrieved 26 October 2024.
^ ab"Hate Propaganda". Library of Parliament. 24 January 2000. Archived from the original on 11 February 2021. Retrieved 24 June 2009.
^Schofield, Matthew (30 July 2015). "How Germany dealt with its symbols of hate". mcclatchydc.com. McClatchy DC Bureau. Retrieved 18 August 2017. It's notable that when Ku Klux Klan members recently rallied in South Carolina, they carried both the battle flag and the Nazi swastika. The two flags in recent years have been commonly seen together at white supremacist groups and gatherings.
^"治安管理处罚法第四十七条" (in Chinese). 弋阳县人民政府. Retrieved 27 August 2022.
^"Criminal Law of the People's Republic of China". Permanent Mission of the People's Republic of China to the United Nations and other international organization in Vienna. Retrieved 27 August 2022.
^"中华人民共和国英雄烈士保护法" [Law of the People's Republic of China on the Protection of Heroes and Martyrs] (in Chinese). 北大法宝. Retrieved 27 August 2022.
^Ding, Shi-jie (24 June 2024). "台北街頭出現納粹旗幟 方恩格：民進黨政府不該視而不見" [Nazi flags appear on the streets of Taipei. Ross Feingold: "The DPP government should not turn a blind eye"]. China Times (in Chinese (Taiwan)). Taipei, Taiwan. Retrieved 19 October 2024.
^Yao, Yue-hong (18 January 2018). "舊馬克債變廢紙 這協會舉納粹旗到101前抗議" [As the ancient Deutsch Mark debts turned into trash, this association is raising the Nazi flags to protest in front of the Taipei 101]. Liberty Times (in Chinese (Taiwan)). Taipei, Taiwan. Retrieved 19 October 2024.
^"LICRA v. Yahoo! Inc., No. RG 00/05308". Tribunal de Grande Instance de Paris. American Society of International Law. 20 November 2000. Archived from the original on 25 February 2021. Retrieved 26 June 2009.
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