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Finnish Supreme Court, 2026:27, 25 March 2026

Abstract

The Finnish Supreme Court has upheld the criminal liability of a politician and the legal representative of a religious entity for the crime of hate speech

Normative references

Artt. 1, 6, 11 e 12(1) Finnish Constitution
Art. 10 ECHR

Ruling

1. The publication and continued online availability of statements defining homosexuality as a "psychosexual developmental disorder," an "aberration," or a pathological "deviation" constitute the crime of incitement to hatred against a social group. Such expressions exceed the limits of legitimate criticism or theological dissertation, as they deny the intrinsic dignity of individuals based on their sexual orientation, labeling them as inferior or diseased.

2. The right to freedom of expression and freedom of religion, guaranteed by the Finnish Constitution and the ECHR, does not protect speech that presents an entire social group in a degrading or derogatory manner. The protection of human dignity and the principle of non-discrimination prevail over the freedom to manifest religious beliefs when the latter result in statements that diminish the humanity of others.