A 28-year-old man has been sentenced by the court in Holstebro to seven days of suspended imprisonment for violating the Danish “racism paragraph” after publishing illegal jokes on two websites.
The court ruled that the man violated section 266b of the Danish Criminal Code by managing websites where “insulting and degrading” statements about race, colour, ethnic origin, faith or sexual orientation were published in Danish and German.
Notably, the judge and the two jury members disagreed, with one of them voting to acquit the man completely.
The man has previously said he is “shocked” that his case was even prosecuted and argued on Danish TV 2 that a conviction would be the start of increased censorship in the country. Comedian Brian Mørk agrees, calling the prosecution “the most frightening news of the day“.
The prosecutor wanted a prison sentence
– There are comedians in Denmark, indeed all over the world, who tell the same jokes. I can read out some if you want, the 28-year-old said in court.
Shortly after the judgement, the defendant’s lawyer announced that it would be appealed to the Supreme Court. The special prosecutor had requested that the 28-year-old be sentenced to two months’ unconditional imprisonment.
The Danish “racism paragraph” has previously been heavily criticised over the years and accused of being vague and legally uncertain, as it is unclear what kind of speech is actually punishable and what is not.
The "racism paragraph" in the Danish penal code:
§ 266 b. Anyone who makes a statement or other communication in public or with the intention of disseminating it to a wider circle, whereby a group of persons is threatened, insulted or degraded because of their race, skin colour, national or ethnic origin, faith or sexual orientation, shall be punished by a fine or imprisonment for up to two years.
Paragraph 2. In determining the penalty, it shall be considered a particularly aggravating circumstance that the offence is of a propaganda nature.
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