E/CN.4/1996/72/Add.3 page 41 which are prejudicial to the honour or reputation of a person on account of his race, his religion or his national or ethnic origin. Racial defamation is punishable by up to one year in prison and/or a 300,000 franc fine. A false allegation that a person or a group of persons has committed a crime or an offence or engaged in conduct contrary to public morals, probity or patriotic duty is defamatory. Public insult, as referred to in article 33, paragraph 3, is the result of the use of any term of contempt and any insulting language. It differs from defamation in that defamation involves an allegation of a specific fact whose truth or falseness can be proved without difficulty. Insult does not, however, involve any allegation of specific facts. Racial insult is punishable by up to six months' imprisonment and/or a 150,000 franc fine. The offence of defamation or insult does not exist unless the allegations or insulting language have been publicized by one of the means referred to in the 1881 Act. In the absence of publicity, racist insult and defamation are misdemeanours punishable by a fine of up to 5,000 francs under articles R.624-3 and R.624-4 of the Penal Code. Advocacy of crimes against humanity This offence was included in the 1881 Act on Freedom of the Press (art. 24, para. 3) by Act No. 87-1157 of 31 December 1987. According to the legal writings, advocacy of crimes against humanity is constituted by a publication or public statement inciting those to whom it is addressed to make a favourable moral value judgement about one or more crimes against humanity in order to justify such crimes or their perpetrators. Crimes against humanity are the crimes which are defined by article 6 of the Charter of the International Military Tribunal, known as the Nürnberg Tribunal, annexed to the London Agreement of 8 August 1945 and which were committed either by the members of an operation declared to be criminal (SS, Gestapo, SD, Nazi Leader Corps) or by any person found guilty of such crimes by a French or international court. According to the legal writings, crimes against humanity are inhumane acts and persecutions which are systematically committed on behalf of a State carrying out a policy of ideological supremacy against persons because they belong to a racial or religious community or against the opponents of the policy of that State. Only crimes recognized to have been committed during the Second World War by war criminals of the European Axis countries, especially Nazi Germany, and by any person acting on behalf of those States are taken into account.