E/CN.4/1996/72/Add.3 page 42 This offence is punishable by up to five years' imprisonment and/or a 300,000 franc fine. Contesting crimes against humanity This offence is provided for in article 24 derives from the Act of 13 July 1990. bis of the 1881 Act and The aim is to punish the public denial of the above-mentioned crimes against humanity, as recognized by a French or international court. This offence particularly involves persons who claim to be historians to try to demonstrate that the Nazi holocaust never existed. No text made it possible to punish persons who wrote “revisionist” or “negationist” tracts and who managed to give their comments a racist ring. The new article 24 bis now provides for criminal penalties for such a serious form of the expression of racism, which is a vector of anti-Semitism. It is now prohibited to question the existence of the Jewish genocide committed by Nazi war criminals sentenced for crimes against humanity by the Nürnberg Tribunal. This offence is punishable by up to one year in prison and/or a 300,000 franc fine. B. Penalties for racist acts and behaviour In addition to the specific provisions contained in the 1881 Act on Freedom of the Press, the Penal Code punishes discriminatory and racist acts and behaviour by private individuals or government representatives. The following offences are thus punishable under the Penal Code and other legislation: (1) Wearing uniforms or displaying insignia or emblems associated with the persons responsible for crimes against humanity Under article R.645-1 of the Penal Code, a fine of up to 10,000 francs is imposed for publicly wearing a uniform or displaying insignia or emblems resembling those worn by the members of an organization declared criminal by the Nürnberg Tribunal (SS, Gestapo, SD and Nazi Commander Corps) or by any person found guilty of crimes against humanity. Such uniforms, emblems and insignia will be seized and confiscated. This offence is not applicable where uniforms, insignia or emblems are worn or displayed for the purposes of a film, a show or an exhibition in connection with an historical evocation. (2) Prohibition on storage of data relating to race A specific provision on computerized data storage was created by Act No. 78-17 of 6 January 1978 on data processing, files and freedoms.

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