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India: Punjab Passes Amendments to Indian Penal Code and Code of Criminal Procedure Making Sacrilege of Certain Religious Texts a Crime

(Sept. 10, 2018) On August 28, 2018, the Punjab Legislative Assembly (Punjab Vidhan Sabha) passed the Indian Penal Code (Punjab Amendment) Bill, 2018 and the Code of Criminal Procedure (Punjab Amendment) Bill, 2018 to introduce amendments to the Indian Penal Code and Code of Criminal Procedure (applicable only in the state of Punjab) that make […]

Sweden: Supreme Court Rules Live Broadcast of Rape Is Aggravated Defamation but Not Violation of Duty to Report Ongoing Rape

(Aug. 8, 2018) On July 2, 2018, the Swedish Supreme Court ruled that a man who had filmed an ongoing rape and broadcast it on Facebook Live was guilty of aggravated defamation (grovt förtal) but not of the crime of failure to report a rape. (Högsta domstolen [Swedish Supreme Court], Case No. B 3552-17 (July […]

Norway: Supreme Court Rules on Boundaries of Hate Speech

(Aug. 7, 2018) On April 12, 2018, the Norwegian Supreme Court issued a judgment under which a person was sentenced to prison for hate speech. (Norges Høyesterett [Norwegian Supreme Court] Dom [Case No.] HR-2018-674-A, Lovdata website; HR-2018-674-A, Supreme Court website.) The Court found that the man, who on August 15, 2015, had repeatedly called another […]

Brazil: Supreme Court Allows Satire of Political Candidates

(June 26, 2018) On June 21, 2018, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) ruled as unconstitutional provisions of the Elections Law that prevented radio and television broadcasters from running humorous programs ridiculing or lampooning candidates, political parties, and coalitions in the three months prior to an election. (Lei das Eleições, Lei No. […]

Israel: Constitutionality of Removal from Parliament for Incitement to Racism or Support for Armed Struggle Against the State

(June 7, 2018) On May 27, 2018, Israel’s Supreme Court, sitting as an extended panel of nine justices, rejected joint petitions challenging the constitutionality of amendments authorizing the Knesset (Israel’s Parliament) to remove sitting members determined to have acted “in a way constituting incitement to racism or support of an armed struggle against the State […]

Malaysia: Anti-Fake News Act Comes into Force

(Apr. 19, 2018) The Anti-Fake News Act 2018 was published in the Federal Gazette of Malaysia on April 11, 2018, coming into effect that day. (Anti-Fake News Act 2018 (Act 803), Federal Gazette website.) The Act was passed by the Malaysian Parliament on April 4 and received Royal Assent on April 9. The Act defines […]