
Public Promotion of a Fascist or Totalitarian Regime (Article 256 of the Penal Code)
In today’s world, where online platforms and social media are often used to spread various ideologies and political views, the issue of public promotion of extremist and totalitarian ideologies has become increasingly relevant. The right to freedom of expression, which is a fundamental principle in democratic societies, is not unlimited. Among the actions prohibited by law is the public promotion of fascism or totalitarian regimes, which are explicitly addressed by Article 256 of the Polish Penal Code.
What Does Public Promotion of a Fascist or Totalitarian Regime Entail?
Article 256 of the Polish Penal Code criminalizes the public promotion of fascist, totalitarian, or similar regimes, as well as the public expression of support for such ideologies. This article serves to protect public order, democratic values, and the dignity of those who were victims of totalitarian regimes, especially those related to fascism, communism, and other authoritarian ideologies.
The law primarily targets actions that publicly support and promote such regimes, including:
- Displaying Symbols and Materials: Publicly displaying symbols, slogans, or materials associated with fascist or totalitarian ideologies. This includes flags, uniforms, or any other items that might serve as a means of spreading these ideologies.
- Speech and Propaganda: Spreading fascist or totalitarian ideas through speeches, writings, or online content. This can involve promoting hatred, violence, or discrimination based on race, nationality, religion, or other personal characteristics.
- Online Promotion: The internet, with its widespread reach, has become a significant space for spreading such ideologies. Websites, social media posts, videos, and comments that promote totalitarian ideologies are subject to legal scrutiny.
Legal Consequences of Publicly Promoting Fascism or Totalitarianism
Under Article 256 of the Penal Code, individuals found guilty of publicly promoting fascist or totalitarian ideologies may face severe legal consequences. These consequences include:
- Imprisonment: The penalty for promoting such ideologies publicly can range from a fine to imprisonment for up to two years.
- Fines: Courts may also impose financial penalties for individuals or organizations involved in spreading such ideologies.
These penalties are meant to prevent the spread of extremist ideologies and to protect the public from the harmful effects of hate speech and propaganda.
Examples of Crimes Involving the Public Promotion of Fascism or Totalitarian Regimes
Several real-life examples illustrate how this law is applied:
- Displaying Nazi Symbols: A person displaying swastikas or wearing Nazi uniforms at public events, or posting images of such symbols online, could be prosecuted for violating Article 256.
- Speech Supporting Totalitarian Regimes: Someone delivering a public speech or posting on social media in support of a totalitarian government, calling for a return to fascist rule, could be prosecuted under this provision.
- Online Propaganda: A website or social media account promoting neo-Nazi ideology, fascism, or any totalitarian political regime could be subject to legal action.
How to Protect Yourself from Violating the Law
It’s essential to be aware of the legal implications of promoting such ideologies, especially in the age of social media and online platforms. Here are a few guidelines for individuals and organizations to ensure they do not inadvertently cross the line:
- Respect the Law: Avoid spreading any material, speeches, or symbols that could be construed as supporting fascist or totalitarian ideologies.
- Monitor Online Content: Be careful about what you post online. Content that can be seen as supporting hate or violence may result in legal consequences.
- Education and Awareness: Stay informed about the history and impact of fascism and totalitarian regimes to understand why their promotion is harmful to society.
Conclusion
The public promotion of fascist or totalitarian ideologies is a serious criminal offense under Polish law. The law outlined in Article 256 of the Penal Code serves to prevent the spread of hateful and violent ideologies that threaten democratic values and the protection of human rights. In today’s interconnected world, it’s important to understand the consequences of such actions and ensure that the internet and public spaces remain safe and inclusive for all individuals, free from hate and discrimination.
As of: March 3, 2022








