The Basic Court in Negotino, as the competent court of first instance, ruling on the indictment proposal by the Basic Public Prosecution Office in Kavadarci, and following a criminal report by the Queer Center against the individual S.M. from the Demir Kapija municipality, for the criminal offense of “spreading racist and xenophobic material through a computer system” under Article 394-g, paragraph 1 of the Criminal Code, on March 15, 2024, rendered a verdict finding the defendant guilty of the charged offense.
The defendant, in July of last year, made two comments on the Facebook social network under shared media content containing disturbing hate speech against the LGBTI+ community, inciting violence against this marginalized group. With this, the defendant committed the criminal offense of “spreading racist and xenophobic material through a computer system” under Article 394-g, paragraph 1 of the Criminal Code, so the court imposed an alternative measure – a suspended sentence, a one-year prison term. The determined prison sentence will not be executed if the defendant does not commit another criminal offense within one year from the finality of the verdict.
This is the first convicting verdict in the judicial practice of North Macedonia sanctioning hate speech based on sexual orientation, although since February 2014, with the amendments and additions to the Criminal Code, hate speech has been classified as a criminal offense, thereby prohibiting and penalizing hate speech and dissemination of materials through the internet promoting or inciting hatred, discrimination, or violence against any person or group on any discriminatory basis. Under Article 394-g, paragraph 1 of the Criminal Code, spreading racist and xenophobic material through a computer system carries a penalty of imprisonment from one to five years for anyone who incites or ignites hatred, discord, or intolerance on any discriminatory basis, including based on belonging to a marginalized group.
The Skopje Queer Center welcomes the court’s decision, which demonstrated a serious understanding of inciting violence and creating a threatening environment for LGBTI+ people. Hate speech incites acts of hatred, so the Queer Center believes that this convicting verdict is a significant victory in our efforts to create a safe environment for all citizens, regardless of the basis or nature of their differences, who may be targeted by hate speech or acts of hatred.