PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation law, provided that they clearly constitute incitement to racial, violence or hatred”. 1179 The Human Rights Committee has found that the dissemination of antisemitic ideas1180 and denial of the Holocaust1181 should be punished if they reach the threshold of incitement. There is an open and ongoing discussion of possible punishment of dissemination of xenophobic and other hate speech.1182 C. Incitement to commit genocide Incitement to commit genocide is manifestly illegal as a result of article 3 of the Convention on the Prevention and Punishment of the Crime of Genocide and article 25 (3) of the Rome Statute of the International Criminal Court.1183 Incitement to genocide is a matter for criminal law. D. Incitement to commit terrorist acts Punishment of incitement to commit terrorist acts is similarly allowed, although this issue falls outside the scope of the present guide.1184 These can be sanctioned provided that the restriction of freedom of expression is compatible with the requirements set forth in article 19 (3) of the International Covenant on Civil and Political Rights. E. Defamation Speech acts directly targeting an individual such as defamation also fall outside the scope of the present guide. National courts have in the recent period upheld criminal sanctions for defamation in racist hate speech cases. 1185 Under international law, speech and expression can be sanctioned provided that the restriction of freedom of expression is compatible with the requirements set forth in article 19 (3) of the International Covenant on Civil and Political Rights. As a general rule, international human rights law allows only the protection of people from defamation. As noted below, abstract entities, such as ideas, religions or flags, do not enjoy international human rights protection from defamation. In addition, particular space is reserved for criticism of public figures: “comments about public figures, consideration should be given to avoiding penalizing or otherwise rendering unlawful untrue statements that have been published in error but without malice”.1186 BLASPHEMY, “DEFAMATION OF RELIGION” AND INSULTING THE STATE, FLAG OR UNIFORM Blasphemy or “defamation of religion” are not hate speech: restrictions may only be imposed if they reach the threshold of incitement to discrimination, hostility or violence.1187 The Human Rights Committee has stated: Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in the specific circumstances envisaged in article 20, paragraph 2, of the Covenant. Such prohibitions must also comply with the strict requirements of article 19, paragraph 3, as well as such articles as 2, 5, 17, 18 and 26. Thus, for 184 1179 Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013), para. 14. 1180 Human Rights Committee, Ross v. Canada (CCPR/C/70/D/736/1997). 1181 Human Rights Committee, Faurisson v. France (CCPR/C/58/D/550/1993). 1182 A/HRC/42/58, para. 108 (a). See also General Assembly resolution 73/262; and Human Rights Council resolution 34/36. 1183 Article 3 of the Convention on the Prevention and Punishment of the Crime of Genocide states: “The following acts shall be punishable: … (c) Direct and public incitement to commit genocide”. Article 25 (3) of the Rome Statute of the International Criminal Court states that “in accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: … (b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted; … (e) In respect of the crime of genocide, directly and publicly incites others to commit genocide”. 1184 General Assembly resolution 75/291. 1185 Supreme Court of Italy, Penal Section, Case No. 47894, Judgment, 22 November 2012. 1186 Human Rights Committee, general comment No. 34 (2011), para. 47. 1187 Ibid., para. 48. On defamation of religion, see A/62/280, paras. 70–71; and A/HRC/2/3.