Sweden's Parliament gives final approval to constitutional amendment criminalising Holocaust denial

Sweden's Parliament on November 4 gave final approval to a constitutional amendment, taking a tougher step against those who deny the Holocaust. The Holocaust refers to the genocide of Jews by Hitler's Nazi regime during the Second World War.

The decision makes the legal route clearer in cases of denying, endorsing or trivialising the Holocaust and certain other international crimes. The change will come into force on January 1, 2027. Discussion has intensified in Europe following the decision.

The Holocaust is regarded as the most horrific human tragedy of the Second World War. Between 1933 and 1945, Germany's dictator Adolf Hitler and his Nazi regime targeted the Jewish community. Around six million Jewish people were killed through concentration camps, gas chambers and mass killings.

Women, children, the elderly and ordinary civilians were among the victims. The thinking behind the law is that denying or endorsing this historical truth amounts to denying the suffering of the victims and the reality of history.

The amendment passed by Parliament widens the scope of the existing provision on hate speech. Denial of the Holocaust, denial of certain genocides or crimes against humanity established in court, and the deliberate endorsement, promotion or trivialisation of such crimes have all been explicitly included in the law.

However, not every historical discussion or opinion will automatically be treated as a crime. For that, a statement must meet the legal conditions of hatred, threat, or support or incitement of violence against a protected community. The aim is to clarify the line between freedom of expression and hate propaganda.

The amendment is likely to have a particular impact on the media, online platforms and social media, because some publications in Sweden enjoy constitutional protection of press and expression freedom. If material glorifying genocide or spreading hatred against specific communities is published in such media, the legal basis for action will now be clearer.

In Sweden, amending the constitution requires two separate decisions of Parliament with a general election in between. The first approval was given in May 2024, while the second and final approval was given in November 2026. The constitutional change will now come into force on January 1, 2027.