Criminal Code of Belgium (1999) (excerpts related to Anti-Racism) (English)
Anti Racism Law Art
By virtue of Article 1(2) of the anti-racism law, penalties may be imposed on persons who under the circumstances described in Article 444 of the Penal Code:
- incite discrimination, hatred or violence against a person on account of his race, colour, origin or national or ethnic descent (para.1);
- incite discrimination, segregation, or violence against a group, community, or the members of it on account of the race, colour, origin or national or ethnic descent of these members or some of these members (para. 2);
- publicly announces his intention towards discrimination, hatred or violence against a person on account of his race, colour, origin, descent or nationality (para. 3)
- publicly announces his intention towards discrimination, segregation, hatred or violence against a group, community or members thereof, on account of the race, colour, origin, descent or nationality of these members or some of these members (para. 4).
In order to be prosecuted, publicising one’s intention towards discrimination, hatred or violence must be carried out under the circumstances described in Article 444 of the Penal Code.
This requirement means that discrimination must take place: in public places; in places that are accessible to a limited number of people; in any place if witnesses are present; by distributing texts either by selling or publicly displaying them; lastly, by sending or proclaiming texts to various individuals.
The anti-racism law only penalises “public” expression of opinion.