Chamber adopts draft law to prevent and combat antisemitism, xenophobia, radicalisation and hate speech

The Chamber of Deputies adopted on Wednesday a draft law on measures to prevent and combat antisemitism, xenophobia, radicalisation and hate speech, initiated by Silviu Vexler, MP and President of the Federation of Jewish Communities in Romania.The bill was adopted with 199 votes in favour, 99 against and 2 abstentions. It amends and supplements Emergency Ordinance no. 31/2002 regarding the prohibition of organisations, symbols and actions of a fascist, legionary, racist, or xenophobic nature, and the promotion of the cult of individuals guilty of committing crimes of genocide, crimes against humanity and war crimes. It also amends Law no. 157/2018 on measures for preventing and combating antisemitism.The law aims to provide a coherent and integrative legal framework for punishing hate-motivated crimes, especially in response to the rising number of such incidents online.To prevent and combat incitement to national, racial or religious hatred, discrimination, and the commission of genocide, crimes against humanity and war crimes, the bill explicitly prohibits organisations, symbols, materials and actions of a fascist, legionary, racist, or xenophobic nature, as well as promoting the cult of individuals guilty of such crimes.One amendment stipulates: 'The Legionary Movement refers to a fascist organisation in Romania active between 1927 and 1941, under the names Legion of the Archangel Michael, Iron Guard and the Everything for the Country Party.'Key provisions and penalties include: Distribution or public sharing of racist and xenophobic materials, including via IT systems, is a criminal offense punishable by 1 to 5 years in prison. If committed via an IT system, the penalties increase by half.Denying, contesting, approving, justifying or clearly minimising the Holocaust, by any public means, is punishable by 6 months to 3 years in prison and the suspension of certain rights.The same penalties apply to public denial or justification of genocide, crimes against humanity, and war crimes, as defined under international law, including the Statute of the International Criminal Court, the Charter of the International Military Tribunal (London Agreement, 1945), and other recognised international tribunals.Specifically denying the Holocaust on Romanian territory, or minimizing its effects, also carries the same penalties.If these offenses are committed using an IT system, the punishment increases to 6 months to 5 years.Another amendment prohibits naming streets, parks, squares, or other public spaces after individuals convicted of genocide, crimes against humanity, or war crimes, as well as after leaders of fascist, legionary, racist, or xenophobic organisations.The same naming restrictions apply to organisations (whether legal entities or not) named after such individuals.Distribution or public sharing of antisemitic materials is a criminal offense, punishable by 1 to 5 years in prison and suspension of rights. If done via IT systems, the penalty is increased by half.The Senate previously approved the bill, and the Chamber of Deputies acted as the decision-making body.