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11. Offences against public deceny and morals
 
  Article 84-Offences involving racial/religious materials and statements  
84.1 Racial/religious discriminatory materials and statements  
  Racial/religious discriminatory materials and statements is the unequal treatment of persons, for a reason which has nothing to do with legal rights or ability on the basis of their ethnicity and/or religion.  
 
 Primary Fact(s)
 1. That racially/religiously offensive material had been seized and/or detected;
 2. That the accused has prior knowledge of the existence/transmission of the offensive material before their arrest;
 3. That the actions of the accused contributed to the existence/transmission of the offensive material.
 
 
 Penalty Conditions (Level 1-Crime)
Type
 Condition(s)
1-3
 a) hateful spoken statements based on religious,cultural or racial prejudices spoken in a public forum by a person expressing their own private opinion not associated with any organisation that holds similar views;
4-6
 a) hateful published statements based on religious,cultural or racial prejudices published through a public medium by a person expressing their own private opinion not associated with any organisation that holds similar views;
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) hateful spoken statements based on religious,cultural or racial prejudices spoken in a public forum by a person expressing their own private opinion associated with an organisation that holds similar views;
4-6
 a) hateful published statements based on religious,cultural or racial prejudices published through a public medium by a person expressing their own private opinion associated with an organisation that holds similar views;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) hateful spoken statements based on religious,cultural or racial prejudices spoken in a public forum by an elected public official, religious leader or law enforcement officer;
4-6
 a) hateful published statements based on religious,cultural or racial prejudices published through a public medium by an elected public official, religious leader or law enforcement officer;
 
     
     
     
     
 
 

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