ABSTRACT
This chapter considers how genocide denial, in its perverse distortion of the truth, bears resemblance to hate speech, and addresses the question of whether genocide denial can, under certain circumstances, constitute a form of hate speech. It reflects upon the core question of whether genocide denial represents an exception to freedom of expression legislation. For though the loi Gayssot does, as noted, famously penalise Holocaust denial, it stops short of criminalising the denial of other genocides. The opposing sets of standards mark out the area of tension within which the discussion on the criminalisation of genocide denial necessarily takes place. Unlike the crime of genocide itself, which benefits from an accepted and authoritative definition under international law, genocide denial remains undefined and continues to exist as a hybrid concept within the legal landscape. The chapter also addresses the overarching issue of the legality of the criminalisation of genocide denial in light of recent developments.
