Publication date: 03.06.2024
Lawyer
The issue of legal responsibility for propaganda of war, inciting national enmity
Freedom of speech and expression is one of the fundamental human rights, but it is not absolute and may be subject to certain restrictions, in particular when it comes to propaganda of war and incitement of national enmity. These actions can cause serious harm to society, cause conflicts and violate the rights of other people. Therefore, the issue of legal responsibility for such actions is extremely important and requires careful legal analysis.
Ukrainian legislation provides for criminal liability for war propaganda and inciting national enmity.
In particular, articles of the Criminal Code of Ukraine establish a penalty of imprisonment for a term of 5 to 8 years for public calls for an aggressive war or for the resolution of a military conflict, as well as for the production of materials for the purpose of war propaganda.
In addition, articles of the Criminal Code of Ukraine provide for responsibility for intentional actions aimed at inciting national, racial or religious enmity and hatred, as well as for direct or indirect restriction of rights or establishment of direct or indirect privileges of citizens based on race, skin color, political, religious and other beliefs, gender, disability, ethnic and social origin, property status, place of residence, on linguistic or other grounds.
Consulting a lawyer or a legal analysis of the situation these issues, it is important to carefully analyze documents and materials that may contain signs of war propaganda or incitement to enmity. These can be videos, audio recordings, publications in mass media, social networks, etc. The lawyer's legal and legal opinion should be based on a detailed study of the content of these materials and their comparison with the relevant legislation.
During the analysis, it is necessary to pay attention to the following key points:
1. Do the materials contain direct calls for war, hostilities, violence or aggression?
2. Are ideas of national, racial or religious hatred or enmity promoted?
3. Do the materials contain discriminatory statements or insults directed at certain groups of the population?
4. What context and form of information submission are used?
5. Can these materials be regarded as inciting to commit crimes?
It is important to understand that freedom of speech is not unlimited and cannot be an excuse for propaganda of war, incitement of hatred or discrimination. A lawyer's legal and legal opinion must take into account the balance between freedom of expression and the restrictions provided by legislation in this area.
In addition, the potential risks and consequences of the distribution of such materials should be assessed during consultation with a lawyer, including the possibility of conflicts, violations of public order or harm to individuals or society as a whole.
In summary, legal responsibility for propaganda of war and incitement of national enmity is clearly defined in Ukrainian legislation and provides for serious penalties. Qualified consultation of a lawyer and a thorough legal opinion of a lawyer, based on the analysis of relevant documents and materials, are critically important for the correct qualification of actions and making informed decisions in this area.
