Everything you need to know about the crime of incitement to hatred (Volksverhetzung, § 130 StGB) and its penalties

Everything you need to know about the criminal offence of incitement to hatred (Volksverhetzung § 130 StGB) and its penalties in Germany

Volksverhetzung (incitement to hatred) is one of the most serious offences under German criminal law, because it can seriously damage social peace and undermine democratic values and human rights. This offence is regulated by Section 130 of the German Criminal Code (Strafgesetzbuch – StGB), which is designed to protect peaceful coexistence and the human dignity of everyone living in Germany.

What does “Volksverhetzung” mean?

The term Volksverhetzung refers to acts that aim to stir up hatred against certain groups or to incite hostility between them. It includes in particular:

inciting violence or hatred against a specific segment of the population on the basis of their origin, religion, nationality, sexual orientation or disability,

publicly calling for discrimination or violence against specific individuals or groups,

denying, downplaying or approving crimes against humanity, such as the Nazi crimes and the Holocaust.

Examples of acts that can constitute incitement to hatred

Publishing flyers, speeches or posts that call for hatred against foreigners or refugees.

Distributing propaganda material that denies or trivialises historical crimes such as the Holocaust.

Publicly calling for the expulsion or killing of religious or ethnic groups.

Penalties under § 130 StGB

Depending on the circumstances, penalties can include:

a substantial fine, or

imprisonment for up to three years in “standard” cases.

If the incitement is accompanied by a concrete call for violence or attacks, the sentence can increase to up to five years’ imprisonment.

If the offence is committed publicly or via the internet, this is generally considered an aggravating factor due to the wide reach and potentially serious impact on society.

What is the difference between freedom of expression and incitement to hatred?

Freedom of expression is protected by Article 5 of the German Basic Law (Grundgesetz – GG), but it is not unlimited. Freedom of speech does not cover expressions that:

incite violence,

grossly insult or degrade specific groups and violate their human dignity,

deny, condone or trivialise crimes against humanity.

The law seeks to strike a balance between protecting free expression and protecting the rights, dignity and safety of others, as well as the foundations of democratic coexistence.

Does the law apply to online content?

Yes. Section 130 StGB applies regardless of the medium used – it covers all forms of dissemination, including electronic publications and social media platforms.

Germany has increased its efforts to combat hate speech online. Service providers and platforms such as Facebook and YouTube are legally obliged to remove clearly illegal content promptly. If they fail to do so, they risk heavy fines under specific regulations (for example the German Network Enforcement Act – NetzDG).

What rights do victims have?

Victims of incitement to hatred or racist hate speech have, among others, the following rights:

to file a criminal complaint with the police or public prosecutor’s office,

to claim civil compensation or damages if they have suffered a concrete harm,

to request protective measures, such as no-contact or restraining orders, if they are threatened.

Role of society and organisations

Numerous actors are involved in combating incitement to hatred and racist hostility, for example:

the domestic intelligence services (Verfassungsschutz) at federal and state level,

anti-racism initiatives and NGOs,

counselling centres that provide legal and psychological support to victims.

They offer educational programmes, support with documenting incidents and filing complaints, and help to develop long-term strategies against discrimination and hate.

Conclusion

The offence of incitement to hatred (§ 130 StGB) reflects Germany’s strong commitment to protecting peaceful coexistence and human dignity. If you are confronted with hate speech or calls for violence, remember: you do not have to remain silent.

You can file a complaint,

contact counselling organisations,

and actively stand up for respect, diversity and democracy.

The law is on your side, and various institutions are ready to support you in taking the necessary legal steps.

Key German terms

Volksverhetzung: incitement to hatred / racist agitation

StGB: Strafgesetzbuch – German Criminal Code

Grundgesetz (GG): Basic Law – the German constitution

Verfassungsschutz: Office for the Protection of the Constitution (domestic intelligence service)

Hassrede: hate speech

— The website’s editorial team strives to provide accurate information based on thorough research and the use of multiple sources. Nevertheless, errors or incomplete details may occur. Please treat the information in this article as a first point of orientation and always consult the competent authorities and legal professionals for binding and up-to-date advice.