An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Austria

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression including for the press.

Freedom of Speech: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The law prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals and provides criminal penalties for violations. The law also prohibits disparagement of religious teachings in public. The government strictly enforced these laws (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Libel/Slander Laws: Libel, slander, defamation, and denouncement of religious teachings (blasphemy) are criminal offenses and are enforced. NGOs reported that strict libel and slander laws created conditions that discouraged reporting of governmental abuse. For example, many observers believed the ability and willingness of police to sue for libel or slander discouraged individuals from reporting police abuses.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Antidiscrimination laws apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There were no cases of police or other government agents inciting, perpetrating, condoning, or tolerating violence against LGBTI individuals or those reporting on such abuse. There was some societal prejudice against LGBTI persons but no reports of violence or discrimination based on sexual orientation or gender identity. LGBTI organizations generally operated freely. Civil society groups criticized the lack of a mechanism to prevent service providers from discriminating against LGBTI individuals.

In August a 26-year-old Syrian living in Austria defaced the walls of an LGBTI community center in the Styrian capital Graz. Police arrested the perpetrator, who also attempted to attack the president of the Graz Jewish community. In September speakers at a demonstration against COVID-19 restrictions tore apart an LGBTI flag, shouting, “Children need to be protected against child molesters.” A Vienna Green politician filed incitement charges against the speakers.

Czech Republic

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression. The law provides for some limitations to this freedom, including in cases of hate speech, Holocaust denial, and denial of Communist-era crimes.

Freedom of Speech: The law prohibits speech that incites hatred based on race, religion, class, nationality, or other group affiliation. It also limits the denial of the Holocaust and Communist-era crimes. Individuals who are found guilty can serve up to three years in prison. The law is also applied to online, print, and broadcast media.

Appellate courts in two separate cases confirmed convictions of two men who posted online comments praising the 2019 fatal terrorist attack at a mosque in Christchurch, New Zealand. One man received a 30-month suspended sentence with a four-year probationary period. The other man received a three-year suspended sentence with a five-year probationary period.

The ombudsperson conducted a survey of 2016-19 case law concerning hate speech. The results indicated an increase in online hate speech and resort to courts, with one-third of the country’s courts encountering hate speech cases. Some 60 percent of cases involved attacks on groups of individuals based on nationality, ethnicity, skin color, religion, or sexual orientation, and the remaining cases involved hate speech against a specific person or a group. Roma and Muslims were the victims in 49 percent and 23 percent of decisions, respectively. Men committed 94 percent of underlying incidents, and 83 percent took place on Facebook. More than 90 percent of perpetrators were convicted in trial court proceedings. The most frequent punishment was a suspended sentence averaging 10 months or a fine.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. President Zeman, his spokesperson, and parties on the far right and left publicly alleged bias in both public and private media outlets. The Freedom and Direct Democracy Party and the Communist Party openly sought to appoint politically polarizing figures to public media supervisory boards, raising concerns they were attempting to violate the political neutrality of these institutions. Parliament appointed six new members (out of 15) to the Czech Television Council. Observers raised concerns over the impartiality of some of the new members based on their public remarks skeptical of the need for independent media.

The law prohibits elected officials from controlling media properties while in office. Prime Minister Babis, who owned two prominent newspapers and other media outlets, placed the ownership of his media assets in a trust fund in 2017. Observers, however, maintained that this measure did not insulate media from the influence of the current government. In 2018 Transparency International (TI) lodged an administrative complaint arguing that Babis still controlled media assets. The regional government office reviewing the administrative complaint rejected TI’s argument. The supreme public prosecutor declined TI’s request to review the decision.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Antidiscrimination laws prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, and access to health care, and the government generally enforced such laws. The country does not have specific hate crime provisions covering sexual orientation and gender identity. The number of incidents of violence based on sexual orientation was low. Local LGBTI leaders stated citizens were largely tolerant of LGBTI persons but feared society tended generally to be more divided and intolerant to minority groups.

Based on a 2019 survey by the ombudsperson, 86 percent of transgender persons reported experiencing discrimination in the previous five years, compared to 58 percent of lesbian and 33 percent of gay persons. More than one-third of surveyed LGBTI persons claimed they had faced discrimination in the previous five years, which was three times higher than for the general population. Of LGBTI survey participants, 91 percent indicated they did not report incidents of discrimination to authorities because they believed the incidents were either minor or that authorities would not take action. The most common locations where discrimination against LGBTI persons occurred were at work and school.

The law on victims of crimes covers lesbian, gay, bisexual and transgender minorities, but they are not considered “particularly vulnerable persons” and are not entitled to additional legal protections, unlike children, seniors, and victims of trafficking or terrorism.

During Prague Pride Week in August 2019, an individual set fire to a rainbow flag and fired flares at visitors to Pride Village–the main site of the Prague pride activities. The perpetrator was conditionally sentenced to 10-months’ imprisonment with a probation period of five years and assessed a monetary penalty.

NGOs reported a 50 percent increase in LGBTI children and teenagers who sought help in crisis centers during the COVID-19 pandemic. NGOs attributed the increase to the inability of LGBTI youth, some of whom have not publicly come out, to connect socially and in person with their peers in the LGBTI community.

Transgender individuals are required to be sterilized to obtain a sex change or receive legal gender recognition. The Council of Europe found this practice contrary to EU member commitments on the protection of health. The ombudsperson recommended the government submit amendments to relevant laws. In May 2019 the Supreme Administrative Court ruled, contrary to the European Court for Human Rights, the sterilization requirement was legitimate. The decision was challenged in the Constitutional Court, and the case was pending.

Ecuador

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but other laws restrict this right. Experts cautioned that restrictive provisions to journalistic work found in a 2013 communication law, reformed in February 2019, remained in effect, including Article 5, which characterizes media and communications as a public service, not a right, and a provision requiring all journalists to hold university degrees. Restrictive provisions found in other laws, such as punishing opinions as slander, which carries a prison term of six months to two years, also remained in force.

Human rights activists noted that national curfews and movement restrictions enacted during the October 2019 protests, and in place to varying degrees since March 17 due to the COVID-19 pandemic, meant for security and public health reasons, in effect set a series of de facto restrictions on freedom of expression, freedom of assembly and association, and freedom of movement (see section 2.b.).

Freedom of Speech: Individuals could usually discuss matters of general interest publicly or privately without reprisal. The law prohibits citizens from using “discrediting expressions,” treated as a misdemeanor with a 15- to 30-day prison term. There were no reports the government invoked this law to restrict freedom of speech during the year.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, including those critical of the government.

The domestic freedom of expression monitoring group Fundamedios reported that due to the financial impact of the COVID-19 pandemic, public and private media companies in July reduced staff, including journalists, press support, and administrative staff, among others. According to Fundamedios, the staffing cuts adversely affected press freedom because critical views of the government decreased as a result of the reductions.

The law limits media’s ability to provide election coverage during the official campaign period, with no coverage allowed in the 48 hours preceding a national election. A constitutional court ruling affirmed the right of the press to conduct interviews and file special reports on candidates and issues during the campaign period, but the ruling left in place restrictions on “direct or indirect” promotion of candidates or specific political views.

The law includes the offense of inciting “financial panic” with a penalty of imprisonment from five to seven years for any person who divulges false information that causes alarm in the population and provokes massive withdrawals of deposits from a financial institution that put the institution’s stability at risk.

The law mandates television and radio broadcast of messages and reports by the president and his cabinet are to be free of charge. After taking office in 2017, President Moreno reduced the amount of time required for presidential broadcasts to one 15-minute weekly program, compared with the three- to four-hour weekly program by his predecessor.

Reforms to the 2013 communications law enacted in 2019 on spectrum allocations addressed past concerns about the potential excessive allocation of spectrum to state media. The reforms call for the redistribution of broadcast frequencies to divide media ownership between community media (up to 34 percent) and private and public media (up to 66 percent combined). Maximum figures under the reform are subject to demand and availability. The reforms limit the allocation of radio frequencies to the public sector to no more than 10 percent of the spectrum.

On May 15, the Agency for the Regulation and Control of Telecommunications (ARCOTEL) began a competitive public tender to allocate 3,196 radio frequencies. Fundamedios and other civil society groups criticized the bidding process as lacking transparency and allowing a small number of bidders to accumulate a disproportionate number of frequencies. These groups noted the potential agglomeration of radio frequencies under one domain threatened freedom of expression by reinstalling self-censorship among media outlets. On September 18, the National Assembly initiated an audit of the bidding process. On October 5, ARCOTEL director Xavier Aguirre announced postponement of the bidding process for 25 days to review bidders’ qualifications and review government and civil society inquiries about the process. On November 13, ARCOTEL stated on its website 70 percent of participants (of a total of 621) for the radio frequencies tender complied with all the requisites to obtain their qualifying title, which are valid for 15 years. The remaining 30 percent may ask for a second review of their application.

Violence and Harassment: Human Rights Watch reported police in Guayaquil used apparent excessive force to break up a May 14 peaceful protest against the government’s COVID-19 response and education budget cuts. According to Fundamedios, police attacked two journalists from the daily newspaper Diario Expreso and a photographer for the CDH.

In a December 2019 report, Fundamedios stated the October 2019 violent antigovernment protests led to a resurgence in stigmatization and hateful speech against journalists and media last experienced during former president Correa’s administration. This speech was broadly attributed to the protesters and their supporters, rather than to the Moreno government. Phrases such as “corrupt press” and “sold-out press” were frequently replicated across broad sectors and on social media during the October 2019 protests and carried forward throughout the year. Verbal attacks instilled “a mistrust by the citizenry towards reporters, especially those who belong to some traditional media outlets.” Some journalists said they avoided covering politically charged protests due to fear of suffering physical attacks, as seen during the October 2019 protests.

Censorship or Content Restrictions: There were reports government officials tried to penalize those who published items critical of the government. Fundamedios reported five potential censorship cases involving government officials through August 11. While four cases did not involve legal action or penalties, in one instance a Chimborazo provincial council official filed a criminal complaint against two journalists for publishing a report on corrupt acts in Riobamba, capital of Chimborazo Province.

On September 2, the Constitutional Court overturned a 2012 decision issued by the Contentious Electoral Tribunal (TCE) that fined Vistazo news magazine $80,000 for publishing an editorial rejecting the 2011 government-led referendum on proposed reforms to the judiciary branch three days before the vote was held. After initially ruling in the magazine’s favor, stating an opinion editorial cannot be considered “political propaganda,” the TCE reversed its decision after the then president Correa replaced the TCE’s judges. In its September ruling, the Constitutional Court found the TCE responsible for violating the rights of due process and freedom of expression. The ruling also exhorted government officials to emphasize freedom of expression around the electoral process. A Vistazo legal representative told local media, “This decision sets a precedent that media outlets must express their opinions without self-censorship.”

The law imposes local content quotas on media, including a requirement that a minimum of 60 percent of content on television and 50 percent of radio content be produced domestically. Additionally, the law requires that advertising be produced domestically and prohibits any advertising deemed by a judge to be sexist, racist, or discriminatory in nature. Furthermore, the Ministry of Public Health must approve all advertising for food or health products.

Libel/Slander Laws: Libel is a criminal offense under the law, with penalties of up to three years in prison, plus fines. The law assigns responsibility to media owners, who are liable for opinion pieces or statements by reporters or others, including readers, using their media platforms. The February 2019 reforms to the 2013 communications law repealed a prohibition of “media lynching,” described as the “coordinated and repetitive dissemination of information, directly or by third parties through media, intended to discredit a person or company or reduce its public credibility.” Monitoring organizations reported that as of August 17, the government had not used libel laws against journalists.

On July 13, an attorney representing the Brazilian conglomerate Odebrecht sued the investigative journalist and director of Investigative Journalism online portal, Fernando Villavicencio, for defamation after Villavicencio published an August 2019 report on the private company’s return to the country in 2010 after its 2008 expulsion. The report alleged the company paid $20 million to the Correa government in exchange for generous debt forgiveness terms and cessation of investigations. The Moreno government barred Odebrecht from further operations in the country in January 2019, weeks after Odebrecht officials confessed to U.S. authorities of orchestrating an international corruption network for many years.

In 2019 the Constitutional Court overturned a 2012 ruling against the newspaper Diario La Hora. The National Secretary of Public Administration successfully argued in 2012 that the outlet published information about the then government’s propaganda expenses that damaged the secretariat’s reputation. The court’s decision highlighted that only humans, not institutions, have rights. Legal experts argued the decision set a precedent in favor of free speech.

Actions to Expand Freedom of Expression, including for Media: The National Committee for the Protection of Journalists, a joint government-civil society committee formed in 2019, reconvened on August 11 to discuss ways to protect journalists from threats for reporting on corruption and other sensitive issues. The committee agreed to integrate representatives from the Attorney General’s Office and Judicial Council and, if applicable, activate police intervention to provide protection and support for affected journalists.

Freedom of Peaceful Assembly

The law provides for freedom of peaceful assembly, and the government generally respected this right. Public rallies require prior government permits, which authorities usually granted.

Human Rights Watch, the Alliance of Human Rights Organizations, and the CDH reported that police in Guayaquil allegedly arbitrarily detained four demonstrators during a May 14 protest in which police beat and injured demonstrators. According to the CDH, the police report declared the four detainees had verbally assaulted police officers. At a May 15 judicial hearing, a judge ruled police lacked sufficient evidence that the detained protesters had committed a crime and ordered them released.

On June 17, the Constitutional Court struck down Ministerial Agreement 179, issued on May 26 by the minister of defense, in response to complaints by several human rights organizations that argued such a protocol was unnecessary. The agreement governed a May 29 protocol on the use of force formulated in response to state-sponsored visits by missions from the United Nations and the IACHR, which concluded state security forces used excessive force to contain the October 2019 violent antigovernment protests. The NGOs that challenged the protocol argued the constitution grants the power to reestablish public order only to police and not the armed forces. They argued the armed forces’ role is limited to the protection of national sovereignty and territorial integrity. Further, they claimed the protocol, as written, poses a threat to the full exercise of human rights by providing the military wide latitude to intervene in future protests.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The government, led by the Ombudsman’s Office, was generally responsive to concerns raised by the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Nevertheless, LGBTI groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTI individuals, including when there was suspicion that the killing was motivated by anti-LGBTI bias.

An LGBTI NGO reported the May 28 killing of Javier Viteri, allegedly perpetrated by a military enlistee in the town of Huaquillas. Viteri had a romantic relationship with the enlistee, who was presumably responsible for stabbing Viteri 89 times in the face and genital area. On June 9, the Ombudsman’s Office “urged the competent authorities, especially the Attorney General’s Office, to consider the facts presented as a hate crime in the pertinent investigations, in accordance with criminal law.” The ombudsman also exhorted that investigating officials “carry out their work impartially, without prejudice or stereotypes of gender or sexual orientation.” LGBTI representatives reported a July 26 preparatory trial hearing was suspended. As of October 27, no further information was available.

The constitution includes the principle of nondiscrimination and the right to decide one’s sexual orientation. The law also prohibits hate crimes, but LGBTI activists asserted that since the legal codification of hate crimes in 2008, there had been no hate crime convictions. Although the law prohibits discrimination based on sexual orientation, LGBTI persons continued to suffer discrimination from both public and private entities, particularly in education, employment, and access to health care. LGBTI organizations reported transgender persons suffered more discrimination because they were more visible.

LGBTI persons continued to report that the government sometimes denied their right of equal access to formal education. LGBTI students, particularly transgender students, sometimes were discouraged from attending classes and were more susceptible to bullying in schools. Human rights activists argued the Ministry of Education and school administrators were slow to respond to complaints. LGBTI persons involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces.

The law prohibits LGBTI persons younger than 18 to change gender on their identity documents, even with parental consent. In July 2019 an LGBTI NGO reported a transgender minor was denied enrollment at 15 schools under her chosen name and gender in 2017. The minor’s parents filed a lawsuit requesting that officials allow her to change her name and gender on identity documents to end discrimination against her. The Office of the Civil Registry allowed changes on her identity card in 2018. The NGO Equidad reported the parents then filed an inquiry with the Constitutional Court to determine the age transgender underage individuals may change their identity information. A court decision on the inquiry was pending as of October 27.

LGBTI organizations and the government did not report the existence of private treatment centers confining LGBTI persons against their will to “cure” or “dehomosexualize” them, since such treatment is illegal. LGBTI organizations said relatives took LGBTI persons to neighboring countries instead, where clinics reportedly used cruel treatments, including rape, in an attempt to change LGBTI persons’ sexual orientation.

France

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: While individuals could criticize the government publicly or privately without reprisal, there were some limitations on freedom of speech. Strict antidefamation laws prohibit racially or religiously motivated verbal and physical abuse. Written or oral speech that incites racial or ethnic hatred and denies the Holocaust or crimes against humanity is illegal. Authorities may deport a noncitizen for publicly using “hate speech” or speech constituting a threat of terrorism.

On June 18, the Constitutional Council invalidated core provisions of the new law against online hate speech, adopted by parliament on May 13. The so-called Avia Law required online platforms to remove within 24 hours the following: hateful content based on race, gender, disability, sexual orientation, and religion; language trivializing genocide or crimes against humanity; and content deemed sexual harassment. Content related to terrorism and child pornography had to be removed within one hour of being flagged by a user. Social media companies faced fines up to 1.25 million euros ($1.75 million) if they failed to remove the content within the required timeframes. The Constitutional Council ruled that these provisions of the law infringed on freedom of speech and were “not appropriate, necessary, and proportionate.”

On June 19, the Constitutional Court found unconstitutional the law against downloading and possessing files that condone or justify terrorism. The judges found it violated freedoms of expression and communication and stated it was duplicative of existing antiterrorist laws. Introduced following the 2015 wave of terrorist attacks, the law was intended to “prevent the indoctrination of individuals susceptible to commit such acts.”

Freedom of Press and Media, Including Online Media: While independent media were active and generally expressed a wide variety of views without restriction, print and broadcast media, books, and online newspapers and journals were subject to the same antidefamation and hate-speech laws that limited freedom of expression.

The law provides protection to journalists who may be compelled to reveal sources only in cases where serious crimes occurred and access to a journalist’s sources was required to complete an official investigation.

Violence and Harassment: In 2019 the NGO Reporters without Borders (RSF) noted growing hatred directed at reporters in the country and an “unprecedented” level of violence from both protesters and riot police directed at journalists during Yellow Vest protests between 2018 and May 2019. The RSF, which reported dozens of cases of police violence and excessive firing of flash-ball rounds at reporters, filed a complaint with the Paris public prosecutor’s office in December 2019. As of year’s end, the investigations were ongoing.

On September 17, Interior Minister Darmanin introduced a new national law-enforcement doctrine aimed at reducing injuries by law enforcement personnel during demonstrations. Certain provisions, including the designation of a referent officer responsible for engaging credentialed members of the press aroused concern from human rights and press organizations, who argued the rules could be used to restrict press access. On September 22, the RSF and 40 media companies requested clarification from Interior Minister Darmanin.

UNESCO’s September report, Safety of Journalists Covering ProtestsPreserving Freedom of the Press During Times of Civil Unrest, pointed to the use of flash ball ammunition by French law enforcement agencies as an example of disproportionate use of force. Several journalists were injured by flash balls in 2018, including Boris Kharlamoff, a journalist for the audio press agency A2PRL, who claimed he was hit in the side even though he presented a press badge, and Liberation reporter Nicolas Descottes, who was struck in the face.

Libel/Slander Laws: Defamation is a criminal offense, although it does not carry the possibility of imprisonment as punishment. The law distinguishes between defamation, which consists of the accusation of a particular fact, and insult, which does not.

National Security: The Committee to Protect Journalists raised concerns about police and prosecutors questioning reporters on national security grounds.

Nongovernmental impact: On September 2, to mark the start of the trial of the January 2015 attacks against the satirical magazine Charlie Hebdo, the magazine reprinted on its front page the controversial cartoons of the Prophet Muhammad that led terrorists to target its headquarters. The reprinted cover provoked condemnation from several Muslim countries and threats from al Qaeda. After receiving death threats, Charlie Hebdo senior staffer Marika Bret required police assistance to be exfiltrated from her home on September 14. On September 23, more than 100 news outlets signed an open letter calling for public support of Charlie Hebdo.

Freedom of Peaceful Assembly

The government enacted security legislation in 2019 that gave security forces greater powers at demonstrations, including the power to search bags and cars in and around demonstrations. It also approved making it a criminal offense for protesters to conceal their faces at demonstrations, punishable by one year in prison and 15,000 euros ($18,000) in fines.

In 2019, 210 persons were detained under a new ban on wearing face coverings to protests, which many did to protect themselves from police tear gas In a report released on September 29, Amnesty International accused authorities of using “vague laws” to crack down on antigovernment protesters and deter others from exercising their right to demonstrate. The report said many peaceful demonstrators had been fined, arrested, and prosecuted. According to Amnesty, more than 40,000 persons were convicted in 2018 and 2019 “on the basis of vague laws” for crimes including “contempt of public officials,” “participation in a group with a view to committing violent acts,” and “organizing a protest without complying with notification requirements.”

On January 27, then interior minister Christophe Castaner announced police would stop using GLI-F4 grenades, tear gas grenades containing 26 grams of TNT, that reportedly injured numerous protesters at demonstrations.

On September 17, the government enacted legislation establishing a new doctrine for maintaining order at demonstrations that was intended to be “more protective for the demonstrators” and “reduce the number of injured during demonstrations.” Among the changes are replacing the hand grenade model that is in service with a new model deemed less dangerous, putting in place stricter supervision of defense ball launchers, and implementing the widespread presence of a “supervisor” who assists the shooters to “assess the overall situation and the movements of the demonstrators.”

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, nationality laws, and access to government services. Authorities pursued and punished perpetrators of violence based on sexual orientation or gender identity. The statute of limitations is 12 months for offenses related to sex, sexual orientation, or gender identity.

The government announced April 24 an emergency plan to help LGBTI persons during COVID-19 lock-downs, including authorizing 300,000 euros ($360,000) to fund 6,000 hotel nights for young persons facing homophobic violence at home. Then gender-equality minister Schiappa also confirmed LGBTI individuals could notify police at pharmacies or text a hotline, which was also possible for victims of domestic violence. The government reopened the SOS Homophobia association’s LGBTI hotline, which had been suspended due to technical difficulties. It also funded a mobile application, FLAG!, that was launched on April 24 by the LGBTI police and gendarme association to report acts of violence.

The associations Stop Homophobia and Mousse took legal action against the Lyon daily newspaper Le Progres for “homophobic defamation” following its April 18 publication of an inflammatory article that implied members of the gay community did not respect COVID-19 lock-down rules, accusing them of risky sexual encounters and drug parties.

Homophobic violence and hate speech increased 36 percent in 2019, with 1,870 acts compared to 1,380 in 2018, according to Interior Ministry statistics released May 16. Insults constituted 33 percent of the offenses, while physical and sexual violence made up 28 percent. Victims were mainly men (75 percent) and young persons (62 percent were under 35). The ministry noted “these figures testify to the deep anchoring of homophobia and transphobia in society.” The ministry categorized homophobic hatred within the broader increase in “hate acts and identity extremism.”

On August 31, a couple sitting on a bench in Lyon was attacked and harassed with homophobic comments. The victims notified the police, who arrested two individuals the following day and took them into police custody. The prefecture reacted on social networks stating, “homophobia and hatred have no place in our Republic.”

On September 15, blogger Bassem Braiki appeared before Lyon criminal court for a homophobic Snapchat comment equating suicide with a “cure” for homosexuality. Three advocacy organizations fighting homophobia filed a complaint against him. The prosecutor called for eight months in prison and a substantial fine. On October 20, the court sentenced him to an eight-month suspended prison sentence and to a 2,500 euros ($3,000) fine.

According to a BVA survey of 1,001 individuals conducted in September and published on October 5, approximately 65 percent of the population said they had heard homophobic or transphobic comments in public: 51 percent reported multiple instances, while 31 percent reported witnessing a homosexual or transgender person being insulted. The same poll found that 39 percent of the population believed the way society accepted homosexual, transgender, and transidentity persons had improved over the past three years. Nearly 50 percent of the population believed the state was not sufficiently involved in this area, while 37 percent believed public authorities were doing enough.

On October 14, Junior Minister of Gender Equality Elisabeth Moreno unveiled a three-year national plan to combat hatred and discrimination against LGBTI persons. Moreno told media the plan emphasizes the importance of inclusive education in stamping out homophobia and aims to make members of the LGBTI community “citizens in their own right.” It comprises 42 measures designed to tackle homophobia or transphobia in the home, school, university, work, health care, and sports, and will be “amplified” between now and 2023. The plan also aims to act against conversion therapy, which Moreno stated constitutes “abject and medieval practices”; “we (the country) want to ban them outright.”

Human rights organizations such as Inter-LGBTI criticized the government for continuing to require transgender persons to go to court to obtain legal recognition of their gender identity.

Germany

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. While the government generally respected these rights, it imposed limits on groups it deemed extremist. The government arrested, tried, convicted, and imprisoned a number of individuals for speech that incited racial hatred, endorsed Nazism, or denied the Holocaust (see also section 6, Anti-Semitism). An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression.

Freedom of Speech: In July the city of Wiesbaden outlawed the wearing of symbols resembling the Jewish yellow badge with the inscription “unvaccinated.” Some protesters and antivaccination activists had been wearing such symbols during demonstrations against coronavirus regulations. Wiesbaden mayor Oliver Franz called the symbols an “unacceptable comparison” that would trivialize the Holocaust.

In February state governments in Baden-Wuerttemberg, Hamburg, Rhineland-Palatinate, Saarland, and Schleswig-Holstein announced they would ban school students from wearing full-face veils. Baden-Wuerttemberg implemented the ban in July.

In August the Federal Labor Court rejected an appeal by Berlin against a regional labor court’s 2018 judgment that a general ban on teachers wearing religious symbols in schools was discriminatory. The federal court found the Berlin ban violated teachers’ freedom of religion.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred.

Violence and Harassment: On May 1, an estimated 20 to 25 men attacked a seven-member camera team in Berlin filming a demonstration against the COVID restrictions, hospitalizing six of the camera team. Berlin’s police chief Barbara Slowik announced the state security service was investigating the matter, but on May 2, six suspects were released from custody, and no arrest warrants were issued.

In August the German Union of Journalists and the German Federation of Journalists criticized Berlin police for failing to protect journalists covering COVID protests. The two unions reported police failed to intervene when protesters repeatedly insulted, threatened, and attacked photographers and film crews, forcing some of the journalists to stop covering the August 1 protests.

Freedom of Peaceful Assembly

Groups seeking to hold open-air public rallies and marches must obtain permits, and state and local officials may deny permits when public safety concerns arise or when the applicant is from a prohibited organization, mainly right-wing extremist groups. Authorities allowed nonprohibited right-wing extremist or neo-Nazi groups to hold public rallies or marches when they did so in accordance with the law.

In an attempt to limit the COVID-19 outbreak in March, state governments temporarily banned political demonstrations. Some protests took place nonetheless, including protests against the COVID-related restrictions. Beginning in late April, restrictions on demonstrations were gradually relaxed as long as protesters observed social distancing rules to limit the spread of COVID-19. Police broke up demonstrations where they deemed protesters violated these rules.

It is illegal to block officially registered demonstrations. Many anti-Nazi activists refused to accept such restrictions and attempted to block neo-Nazi demonstrations or to hold counterdemonstrations, resulting in clashes between police and anti-Nazi demonstrators.

Police detained known or suspected activists when they believed such individuals intended to participate in illegal or unauthorized demonstrations. The length of detention varied from state to state.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and gender identity. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists criticized the requirement that transgender persons be diagnosed as “mentally ill” in order to obtain legal gender recognition.

In October police arrested a 20-year-old Syrian refugee and known Islamist for attacking a homosexual couple in Dresden with a knife, fatally injuring one of them. The state Ministry of the Interior and Federal Prosecutor’s Office in Saxony rejected a homophobic motive, focusing instead on the crime’s radical Islamist background. LGBTI advocacy groups decried this as “unacceptable” and “disturbing.”

In November multiple individuals attacked a 20-year-old LGBTI individual in Frankfurt a week after he spoke in a YouTube video about queer topics and hostility toward the LGBTI community. Police made several arrests, but the initial police report did not mention a homophobic motive. Police confirmed several days later they would investigate whether the individual’s sexual orientation played a role in the attack.

On May 7, the Bundestag passed a bill making it an offense punishable by up to a year in prison to offer, advertise, or arrange treatments to convert homosexual or transgender minors by means of “conversion therapy.” Penalties are also possible if persons of legal age have been coerced to undergo such “therapy.”

In August a Kassel district court found Kassel University biology professor Ulrich Kutschera guilty of defamation and fined him. In a 2017 interview, Kutschera had alleged that sexual abuse of children was likelier to occur among same-sex parents and called same-sex couples “asexual erotic duos without reproduction potential.” Following the interview, 17 individuals filed charges against Kutschera. The prosecution had also pressed charges for incitement, but the judge acquitted the defendant on that count.

In July a Mecklenburg-Western Pomerania court sentenced a 32-year-old right-wing extremist to a five-month probation for hurling a bottle at the chair of the Neubrandenburg LGBTI group “queerNB” in December 2019.

In September a study by the German Institute for Economic Research and the University of Bielefeld found 30 percent of homosexuals and 40 percent of transgender persons faced discrimination in the workplace. Sexual harassment and workplace bullying were also commonplace, which led one-third of homosexuals to hide their sexuality from their colleagues.

Greece

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The constitution and law protect freedom of expression but specifically allow restrictions on speech inciting discrimination, hatred, or violence against persons or groups based on their race, skin color, religion, descent, national or ethnic origin, sexual orientation, gender identity, or disability, or who express ideas insulting to persons or groups on those grounds.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. Minority media owners in Thrace, northern Greece, where members of the country’s recognized Muslim minority reside, complained that unlike numerous other media owners throughout the country, they did not receive government funding to promote the widespread Menoume spiti (We stay at home) campaign during the COVID-19 pandemic. In 2019 the government passed legislation requiring vendors who sell print media to stock and display all Greek newspapers and magazines.

Violence and Harassment: Journalists were subjected to physical attack, harassment, or intimidation due to their reporting in at least 12 instances. On January 19, unidentified perpetrators, allegedly far-right supporters, attacked and injured a Deutsche Welle journalist, Tomas Jacobs, who was covering a rally against migrants and refugees. According to the journalist, who is also one of the scriptwriters of a documentary about the Golden Dawn neo-Nazi movement in the country, the perpetrators confirmed his identity before the attack. The victim also claimed that police in the area did not come to his rescue. The government, mainstream political opposition, and the Foreign Press Association denounced the attack.

On March 1, angry residents in Lesvos verbally and physically attacked three foreign journalists covering their attempts to stop a dinghy carrying migrants and asylum seekers from landing at a small port. On July 27, unknown perpetrators shot Stefanos Chios, journalist and publisher of the ultra-sensationalist news site Makeleio, injuring him severely. Anarchists spray-painted the walls of media outlets on January 16, wrote insults targeting a journalist outside his residence on February 6 and on March 24 claimed responsibility for setting fire to the entryways to two journalists’ residences. On February 3, unknown perpetrators exploded the publisher’s parked car.

On November 11, NGOs Media Freedom Rapid Response and Reporters Without Borders sent a letter to the chief of police and to the minister of interior protesting the eight-hour-long October 19 “arbitrary detention” of a four-member German media crew on Samos for the production of a film on climate-induced migration. During their detention, they claimed they were subjected to questioning and harassment, and were denied food by officers who were not wearing protective masks. The police reportedly suspected them of espionage because they had used a drone to take camera shots from a beach next to a military site but the crew members firmly denied they were filming the site in question.

Censorship or Content Restrictions: The government did not censor media. The government maintains an online register with the legal status of local websites, their number of employees, detailed shareholder information, and their tax office. Once registered, these websites are accredited to accept funding through state advertising, to cover official events, and to benefit from research and training programs of the National Center of Audiovisual Works. All registered websites must display their certification on their homepage. Although registering was an open and nonobligatory process, outlets failing to do so could be excluded from the accreditation benefits. In 2019 the government launched a similar electronic registry for regional and local press.

Libel/Slander Laws: The law provides criminal penalties for defamation and libel. A law passed in 2019 clarified that individuals convicted of crimes cannot claim slander for discussion of those crimes. The same law also removes the provision requiring journalists to appear immediately before a court, or wait in jail until the court opened, in the case they were accused of libel, a provision that had been abused by politicians to intimidate journalists. On September 14, media reported that a court awarded 160,000 euros ($192,000) to a Greek correspondent in the United States, Thanos Dimadis, for being slandered by a former minister. The court cited “personal and professional damage” against Dimadis, ruling he had been wrongly accused by the minister and his associates of spying on them during their visit to New York in September 2016. Members of the ministerial delegation had stated in public that the correspondent had been arrested by police in New York for his behavior, an allegation the journalist denied and proved to the court to be slanderous.

Freedom of Peaceful Assembly

Due to COVID-19, the government banned gatherings of more than nine or 10 individuals during the lockdowns.  On July 10, the parliament separately passed non-COVID-related legislation on public open-air gatherings.  The law requires prior and timely announcement–in writing or via email–of the gatherings to the competent police or coast guard authorities and makes protest organizers accountable in case of bodily harm or property damage if they have not followed requirements for notification and precautionary measures.  Some parliament members and analysts called the law anticonstitutional and antidemocratic, arguing it infringes the right of assembly.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination against LGBTI persons in housing, employment, and government services such as education and health care. The government enforced antidiscrimination laws, which include sexual orientation and gender identity as aggravating circumstances in hate crimes. Offices combatting race crimes and hate crimes include in their mandates crimes targeting LGBTI individuals because of their sexual orientation or gender identity.

Violence against LGBTI individuals, including LGBTI refugees and migrants, remained a problem. Societal discrimination and harassment of LGBTI persons were widespread despite advances in the legal framework protecting such individuals. LGBTI activists alleged that authorities were not always motivated to investigate incidents of violence against LGBTI individuals and that victims were hesitant to report such incidents to the authorities due to a lack of trust. A male police officer harassed and verbally abused a transgender woman during a routine inspection at an entertainment venue, the NGO Greek Transgender Support Association (SYD) reported on January 7. The woman said the police officer used insulting, derogatory, and sexist language, touched her inappropriately, and insisted on bodily searching her himself. The victim filed a complaint against the police officer. No trial date has been set.

In 2019 the RVRN recorded 16 attacks based on sexual orientation and 25 based on gender identity. The sexual orientation attacks included verbal and physical assaults. In three cases, the victims were minors. The gender identity attacks included two cases of rape, one of which involved a minor, two incidents of sexual abuse and sexual assault, two incidents of physical violence, and 17 cases of verbal insults or threats. The RVRN noted the recorded incidents showed that “transgender people suffer verbal abuse, almost daily, which escalates as their transition progresses and becomes more visible.” According to information communicated to the RVRN for 2019, police recorded 282 incidents potentially involving racist motives, 32 of which were related to sexual orientation (20) and gender identity (12).

On May 14, the EU Agency for Fundamental Rights 2019 survey on LGBTI persons in the EU reported that in the country: 74 percent of respondents stated that they often or always avoided holding hands with their same-sex partner, 32 percent felt discriminated against at work, and 33 percent alleged they were harassed in the year before the survey. In addition, 51 percent of respondents felt discriminated against in at least one area of life in the year before the survey and 43 percent of LGBTI students aged 15 to 17 admitted hiding being LGBTI at school. Finally, 57 percent reported that LGBTI prejudice and intolerance has dropped during the past five years.

Activists in the LGBTI community said they faced particular hardships during the COVID-19 pandemic because they were forced to spend long periods at home with families who were not always accepting of their lifestyle, with an increase in domestic violence. Transgender individuals working in the sex industry also reported a loss of income during the pandemic.

On January 3, a joint ministerial decree outlined 12 countries of origin of asylum seekers the government considered “safe.” The decree raised concerns among human rights activists and the LGBTI community that the vast majority of these countries either persecuted individuals based on their sexual orientation and gender identity or presented serious threats to the lives of LGBTI individuals and human rights and LGBTI activists in the country (see section 2.f., Protection of Refugees).

On July 7, the NGO Diotima reported on a Moroccan transgender person whose application for asylum was rejected. Diotima argued that if she returned to Morocco, the woman’s life would be at risk due to her gender identity, a claim accepted by the court on October 14. The court annulled the deportation decision on the grounds the woman would face arrest, imprisonment, and abuse if sent back to her country (see section 2.f., Protection of Refugees).

Unmarried transgender individuals older than 15 may update documents to reflect their gender identity without undergoing sex reassignment surgery, according to Greek law. A judge must validate the change based on the individual’s external appearance. According to the Greek Transgender Support Association, the hearing process does not always have the necessary privacy and dignity for the applicant.

In his annual 2019 report, the ombudsman highlighted administrative obstacles faced by LGBTI individuals when they officially register a civil partnership. The ombudsman noted that corrections and changes to gender identity registrations, as part of administrative processes or notarial acts, did not always have the necessary safeguards of secrecy and respect for those impacted.

On January 20, a misdemeanors council ruled that six persons, including two store owners and four police officers, should be charged with fatal bodily harm in connection with the death of LGBTI activist Zak Kostopoulos in September 2018 in central Athens. The date of the trial was initially set for October 21 but due to restrictive COVID-19 measures, it was postponed indefinitely.

Ireland

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law prohibits words or behaviors likely to generate hatred against persons because of their race, nationality, religion, ethnicity, national origins, or sexual orientation. As a result of a referendum to remove blasphemy from the constitution in 2018, the Blasphemy (Abolition of Offenses and Related Matters) Act 2020 was signed into law on January 16.

Freedom of Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views. The same prohibitions against language likely to generate hatred and blasphemy that affected freedom of speech also applied to the press. The government can prohibit the state-owned radio and television network from broadcasting any material “likely to promote or incite to crime or which would tend to undermine the authority of the state.” Authorities did not invoke these prohibitions during the year.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Mexico

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. Most newspapers, television stations, and radio stations were privately owned. The government had minimal presence in the ownership of news media but remained a significant source of advertising revenue for many media organizations, which at times influenced coverage. Media monopolies, especially in small markets, at times constrained freedom of expression.

Freedom of Speech: Journalists could criticize the government and discuss matters of general interest with no restrictions. Politicians publicly discredited and criticized such journalists, however.

On July 16, more than 80 Baja California journalists signed a letter to the CNDH denouncing Governor Jamie Bonilla’s verbal attacks against the newspaper La Voz de la Frontera, newspaper Reforma correspondent Aline Corpus, the regional magazine Semanario Zeta, and its director Adela Navarro.

Sanjuana Martinez Montemayor, the director of NOTIMEX, the government’s news agency, ordered journalists to eliminate or not publish content about certain government institutions and officials, according to the newspaper Aristegui News, the digital media Signa Lab, and the NGO Article 19.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction but often self-censored due to fear of reprisal. Journalists in Nogales, Sonora, said they were aware of unspoken red lines in covering organized crime and that crossing lines, such as mentioning the name of an alleged assailant, could result in personal harm.

Violence and Harassment: Journalists were killed or subjected to physical and cyberattacks, harassment, and intimidation (especially by state agents and transnational criminal organizations) in response to their reporting. This limited media’s ability to investigate and report, since many of the reporters who were killed covered crime, corruption, and local politics. High levels of impunity, including for killings or attacks on journalists, resulted in self-censorship and reduced freedom of expression and the press.

Perpetrators of violence against journalists acted with impunity, consistent with high levels of impunity for all crimes. The NGO Article 19 reported that as of December 2019, the impunity rate for crimes against journalists was 99 percent. According to Article 19 and media reporting, as of December, six journalists had been killed because of their reporting.

From January to June, Article 19 documented 406 attacks against journalists and media, a 45 percent increase from the same period in 2019. According to Article 19, between January and June, journalists reported 40 death threats, 91 cases of intimidation or harassment, and 47 physical attacks. Public officials carried out 199 of the recorded attacks, according to Article 19. The NGO recorded 68 attacks carried out by public officials against journalists and media outlets reporting on COVID-19.

Since its creation in 2010, the Office of the Special Prosecutor for Crimes against Journalists, a unit in the Prosecutor General’s Office, secured 19 convictions for various related crimes out of 1,311 cases of attacks against journalists. In 2019, 43 percent of physical attacks against journalists originated with public officials. Although 75 percent of those came from state or local officials, federal officials and members of the armed forces were also suspected in 7 percent of attacks against journalists, according to Article 19’s 2018 report. In March the Interior Ministry recognized government authorities perpetrated attacks against the press.

On August 20, Juan Nelcio Espinosa, an independent journalist in Piedras Negras, Coahuila, died while in police custody. Reports indicated he was detained with a colleague on charges of alleged violence against security forces. The Coahuila State Prosecutor General’s Office reported the journalist experienced breathing problems and was taken to a hospital, where he was pronounced dead. Espinosa’s family accused police of killing him and said police had previously threatened him.

Between 2012 and April 2020, the National Mechanism to Protect Human Rights Defenders and Journalists received more than 1,200 requests for protection for journalists and human rights defenders. As of June, 398 journalists were beneficiaries of Mechanism protection. Since 2018, seven journalists under Mechanism protection had been killed.

In early August, Pablo Morrugares, journalist and director of the digital news portal PM Noticias, which carried out investigations on criminal operations in Guerrero, was shot and killed by armed men in a restaurant in Iguala. He had received threats since 2015, and the state issued protective measures. The police officer assigned to guard him was also killed in the attack. Hours earlier he reported Tlacos, an organized crime group, was responsible for a recent spate of killings.

Censorship or Content Restrictions: Human rights groups reported some state and local governments censored media. Journalists reported altering their coverage due to a lack of protection from the government, attacks against members of media and newsrooms, and threats or retributions against their families, among other reasons. There were reports of journalists practicing self-censorship due to threats from criminal groups and government officials.

In 2018 Article 19 reported the government, despite reductions in its advertising budgets, continued to have a strong financial impact and influence on the largest media companies. According to Article 19, no information was available concerning the criteria through which the government chooses media outlets for public advertising.

Libel/Slander Laws: There are no federal criminal laws against defamation, libel, or slander; however, eight states have criminal laws on these acts. In Baja California Sur, Guanajuato, Michoacan, Nayarit, Nuevo Leon, and Yucatan, the crime of defamation is prosecuted, with penalties ranging from three days to five years in prison and fines ranging from five to 500 days of minimum salary for committing defamation or slander, both considered “crimes against honor.” Slander is punishable under the criminal laws of the states of Campeche, Colima, Guanajuato, Michoacan, Nayarit, Nuevo Leon, Sonora, Yucatan, and Zacatecas, with sentences ranging from three months to six years in prison and monetary fines. In July 2019 the state of Hidalgo abrogated the slander law. Five states have laws that restrict the publishing of political caricatures or “memes.” These laws were seldom applied.

In addition to criminal libel and defamation laws, civil law defines “moral damage” as similar to defamation, concerning harm to a person’s “feelings, affections, beliefs, dignity, honor, reputation, and privacy,” according to the NGO Committee to Protect Journalists. A 2016 ruling by the Supreme Court removed the cap on fines for moral damages, leaving journalists vulnerable to exorbitant fines. In January a Mexico City court ordered academic Sergio Aguayo, a columnist of the daily newspaper Reforma, to pay a fine of $530,000 in moral damages to former Coahuila governor Humberto Moreira. On July 29, the Supreme Court agreed to analyze the case but as of October had not issued a ruling.

Nongovernmental Impact: Organized criminal groups exercised a grave and increasing influence over media outlets and reporters, threatening individuals who published critical views of crime groups. Concerns persisted regarding the use of physical violence by organized criminal groups in retaliation for information posted online, which exposed journalists, bloggers, and social media users to the same level of violence faced by traditional journalists.

On August 22, a federal judge sentenced Juan Carlos “El Larry” Moreno Ochoa to 50 years in prison for the 2019 killing of Miroslava Breach, a prominent newspaper correspondent who reported on organized crime and corruption.

The threat against journalists by organized crime was particularly high in Guerrero. Journalists in Iguala, Guerrero, received messages through social networks, such as Facebook and WhatsApp, from unknown contacts, threatening them and their families, according to Article 19. Following the August 2 killing of Pablo Morrugares, the El Diario de Iguala newspaper published a note blaming organized crime and Governor Hector Astudillo Flores’ administration for violence against journalists and impunity. On August 4, attackers fired multiple shots at the building housing the printing facilities of El Diario de Iguala.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

According to the OHCHR, in the first six months of the year, there were 25 hate-crime homicides committed against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

Federal law prohibits discrimination against LGBTI individuals. A Mexico City municipal law provides increased penalties for hate crimes based on sexual orientation and gender identity. Civil society groups claimed police routinely subjected LGBTI persons to mistreatment while in custody.

Discrimination based on sexual orientation and gender identity was prevalent, despite a gradual increase in public acceptance of LGBTI individuals, according to public opinion surveys. There were reports the government did not always investigate and punish those complicit in abuses, especially outside Mexico City. On July 24, Mexico City passed a local law to ban LGBTI conversion therapy. A CNDH poll conducted in 2019 found six of every 10 members of the LGBTI community reported experiencing discrimination in the past 12 months, and more than half suffered hate speech and physical aggression. In July the federal government’s National Commission to Prevent Discrimination wrote a letter condemning the Roman Catholic diocese of Mexicali for inciting homophobia by calling for anti-LGTBI protests.

Netherlands

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the governments throughout the kingdom generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: It is a crime to “verbally or in writing or image deliberately offend a group of people because of their race, their religion or beliefs, their sexual orientation, or their physical, psychological, or mental disability.” The statute in the Netherlands does not consider statements that target a philosophy or religion, as opposed to a group of persons, as criminal hate speech. The penalties for violating the law include imprisonment for a maximum of two years, a substantial monetary fine, or both. In the Dutch Caribbean, the penalties for this offense are imprisonment for a maximum of one year or a monetary fine. In the Netherlands there are restrictions on the sale of the book Mein Kampf and the display of the swastika symbol with the intent of referring to Nazism.

On September 4, an appellate court upheld Party for Freedom leader Geert Wilders’ 2016 conviction for “group insult” against Moroccans at a 2014 political rally. The appeals court threw out the charges of inciting hatred and discrimination, finding that Wilders made the remarks for political purposes, rather than to inspire discrimination. The court upheld his conviction, however, for “group insult,” a crime of deliberately insulting a group of persons because of their race, religion, or conviction. As was the case in the original 2016 conviction, Wilders did not receive a punishment. Wilders asserted the conviction violated his right to freedom of expression and stated he would appeal the conviction to the Supreme Court.

Freedom of Press and Media, Including Online Media: Independent media in the kingdom were active and expressed a wide variety of views without restriction. Restrictions on “hate speech” applied to media outlets but were only occasionally enforced. Disputes occasionally arose over journalists’ right to protect their sources.

Nongovernmental Impact: Several crime reporters and media outlets in the Netherlands faced threats, violence, and intimidation from criminal gangs. If required by circumstances, reporters receive temporary police protection. On February 2, two assailants punched and threatened to kill Pakistani blogger Ahmad Waqass Goraya outside his Rotterdam home.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Throughout the kingdom the laws prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. The governments generally enforced those laws.

The law explicitly prohibits discrimination on grounds of sex characteristics, gender identity, and gender expression. The government urged institutions and companies to stop unnecessary registration of gender.

The law allows for higher penalties for violence motivated by anti-LGBTI bias. There were hundreds of reports of anti-LGBTI discrimination. In 2019, 29 percent of incidents of discrimination registered by police concerned sexual orientation. Of those incidents, 62 percent concerned verbal abuse, 17 percent physical abuse, and 16 percent threats of violence. It continued to be common practice for police to be insulted with the use of LGBTI slurs. Prosecutions were rare; many incidents were not reported allegedly because victims often believed that nothing would be done with their complaint (see also section 2.f.).

The Dutch government apologized December 1 for the now-defunct Transgender Act, which from 1985 to 2014 forced transgender individuals to undergo sterilization or gender reassignment if they wished to change their sex on their birth certificate legally. In a letter to parliament, Education Minister Ingrid van Engelshoven and Legal Protection Minister Sander Dekker acknowledged the law led to serious suffering. They also presented a financial compensation program of 5,000 euros ($6,000) for each of the estimated 2,000 persons affected by the law. Transgender and human rights advocates welcomed the government’s apology and recognition of those who suffered under the law.

The Transgender Network Netherlands worked with authorities and NGOs to advance the rights of transgender persons and to combat discrimination. The group continued to promote an action plan to increase labor participation of transgender persons.

Police had a Netherlands-wide network of units dedicated to protecting the rights of LGBTI persons. The city of Amsterdam’s informational call center is dedicated to increasing safety for LGBTI persons. The Ministry of Justice and Security sponsored a campaign in LGBTI-oriented media to encourage victims to report incidents and file complaints with police.

Spain

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law prohibits, subject to judicial oversight, actions including public speeches and the publication of documents that the government interprets as celebrating or supporting terrorism. The law provides for imprisonment from one to four years for persons who provoke discrimination, hatred, or violence against groups or associations on the basis of ideology, religion or belief, family status, membership in an ethnic group, race, national origin, sex, sexual orientation, illness, or disability.

On February 25, the Constitutional Court ruled that criticism, even severe, of politicians is protected speech and overturned the prison sentence of rapper Cesar Strawberry. In 2017 the Supreme Court sentenced Strawberry to a one-year imprisonment related to his social media posts criticizing politicians that the court ruled as hate speech.

The Law on the Protection of Citizen Security, known as the “gag law,” penalizes the downloading of illegal content, the use of unauthorized websites, violent protests, insulting a security officer, recording and disseminating images of police, and participating in unauthorized protests outside government buildings. The NGO Reporters without Borders (RSF) called the law a threat to press freedom, and the Professional Association of the Judiciary considered it contrary to freedom of speech and information. During the government-decreed state of alarm from March 14 through June 20, state security forces used this law to fine citizens who violated mandatory confinement orders. Amnesty International protested the use of the law to fine several persons who filmed an incident allegedly showing police harassing a mentally ill man and his mother, noting its longstanding concerns with the vague formulation of the law, which authorizes sanctions for “lack of respect of law enforcement officials.” The acting ombudsman declared in April his intention to investigate its application during the confinement. On November 19, the Constitutional Court, in deciding a case brought by the Spanish Socialist Workers’ Party (PSOE) in 2015, upheld most of the law but ruled the provision against unauthorized recordings of members of security forces to be unconstitutional.

In a March 8 report, the UN special rapporteur for minority issues expressed concern that the October 2019 sentencing of 12 Catalan politicians and civil society activists interfered with the freedom of expression and nonviolent political dissent of the Catalan minority and could serve as a signal to prevent the political dissent of other minority groups. The national ombudsman rejected the categorization of the Catalan-speaking population as a minority.

On July 16, Amnesty International called on the government to repeal the criminalization of the glorification of terrorism, insults to the crown, and offending “religious feelings,” which it maintained unduly restricts freedom of expression.

On January 16, the Barcelona hate crimes prosecutor presented the first-ever legal complaint against an individual who falsely claimed in social media that unaccompanied foreign minors were linked to school violence. The prosecutor noted that online hate speech was often not prosecuted due to lack of information on the identities of the perpetrators.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views generally without restriction. The RSF and other press freedom organizations, however, indicated that the country’s restrictive press law and its enforcement impose censorship and self-censorship on journalists. In January the Universal Periodic Review of the country by the UN Human Rights Council noted that the Law on the Protection of Citizen Security was used against journalists who reported on police action during protests.

Journalist associations denounced the format of the government’s press conferences during the government-decreed state of alarm during the COVID-19 pandemic. The journalists claimed they had to send all questions in writing in advance to a government communications office, which then relayed them to the relevant ministry. They alleged that not all their questions were passed on and that they were unable to engage in direct dialogue with government officials. More than 400 journalists signed an open letter to the government under the title “The Freedom to Ask” and demanded increased access to question government officials. In April the government ended its requirement that questions be submitted in writing in advance.

Violence and Harassment: There were multiple reports of government officials’ verbally attacking certain media outlets and specific journalists. On March 1, President Pedro Sanchez accused “conservative” media of “stirring up society” every time conservatives lose an election. The same day, Second Vice President and Podemos party Secretary General Pablo Iglesias claimed press critical of the government had “offended the dignity of journalism.” Also in March, Iglesias threatened to send a journalist to prison for publishing compromising information about his party, especially regarding its financing. The comments were immediately condemned by the Press Association of Madrid.

In July, following comments by Iglesias against the press and a tweet by Podemos party congressional spokesperson Pablo Echenique attacking the professionalism of a television anchor, the Federation of Journalists Associations of Spain condemned Iglesias and Echenique for attempting to “coerce and intimidate” journalists to prevent them from freely exercising their profession. The RSF also called on the Podemos party leadership and all political parties to respect the freedom of the press.

The RSF blamed repeated attacks against media by the Vox party for provoking verbal and physical attacks on reporters during May countrywide protests against the government’s COVID-19 policies. In one instance several individuals assaulted a photographer covering a protest in Madrid, threw his camera to the ground, and tore his shirt. The RSF also voiced concerns about Vox’s online harassment of critical journalists and fact checkers and condemned Vox for banning some media outlets from attending its press conferences and election events.

In February the International Federation of Journalists warned in its 2019 annual report about the increase in cases of violence against the exercise of journalism in Catalonia, asserting that this community has become “dangerous territory” for journalists.

Censorship or Content Restrictions: The government fully funds the public media conglomerate Spanish Radio Television (RTVE). The RTVE’s president is proposed by the government and confirmed by parliament. Journalists complained that the RTVE, under a caretaker president since 2018, operated with insufficient oversight and claimed that the caretaker president arbitrarily reassigned news directors and journalists.

Libel/Slander Laws: Under the law slander is an offense punishable with six months’ to two years’ imprisonment or a fine. The law was not used by the government or individual public figures to restrict public discussion or retaliate against journalists or political opponents. The law does not criminalize blasphemy, but fines may be levied against those who offend the feelings of members of a religious belief or of those who do not have a religious belief.

National Security: Amnesty International and other organizations criticized the antiterrorism law as overly broad, but there were no known reports of the government using the law to suppress its critics.

Freedom of Peaceful Assembly

The law provides for the freedom of peaceful assembly, and the government generally respected this right. The Law on the Protection of Citizen Security provides for fines of up to 600 euros ($720) for failing to notify authorities about peaceful demonstrations in public areas, up to 30,000 euros ($36,000) for protests resulting in “serious disturbances of public safety” near parliament and regional government buildings, and up to 600,000 euros ($720,000) for unauthorized protests near key infrastructure. By law any protesters who refuse to disperse upon police request may be fined.

In July, Amnesty International expressed concern that the right to peaceful assembly was “unduly restricted” under the Law on the Protection of Citizen Security. The organization asserted the Law on the Protection of Citizen Security was arbitrarily enforced during the March-June government-mandated state of alarm due to the COVID-19 pandemic.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The country’s antidiscrimination laws prohibit discrimination based on sexual orientation and gender identity, and the government enforced the law. The law penalizes those who provoke discrimination, hate, or violence based on sexual orientation with up to three years’ imprisonment. The law also prohibits denial or disqualification of employment based on sexual orientation and the formation of associations that promote discrimination, hate, or violence against others based on their sexual orientation. The law may consider hatred against lesbian, gay, bisexual, transgender, and intersex persons an aggravating circumstance in crimes.

The interior minister’s Action Protocol for Law Enforcement Agencies on Hate Crimes published in July sought to guarantee the equality of and prevent the discrimination against vulnerable groups based on, inter alia, sexual orientation and identity.

The number of homophobic attacks continued to rise in Catalonia. The Observatory against Homophobia of Catalonia reported 117 incidents as of September, a 20 percent increase from the same timeframe in 2019. According to the Barcelona Hate Crimes Prosecutor, law enforcement agencies in Barcelona also identified a 59 percent increase in the number of complaints received on discrimination on the basis of sexual orientation. The Observatory against Homophobia of Madrid reported 321 incidents in 2019.

Sweden

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law criminalizes expression considered to be hate speech and prohibits threats or statements of contempt for a group or member of a group based on race, color, national or ethnic origin, religious belief, or sexual orientation. Penalties for hate speech range from fines to a maximum of four years in prison. In addition the country’s courts have held that it is illegal to wear xenophobic symbols or racist paraphernalia or to display signs and banners with inflammatory symbols at rallies.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The law criminalizing hate speech applies as well to print and broadcast media, the publication of books, and online newspapers and journals.

Nongovernmental Impact: Journalists were subjected to harassment and intimidation. Swedish Television (SVT) reported it handled an average of 35 security threats daily. Threats ranged from social media attacks on journalists and information technology breaches to physical threats against employees. The CEO stated in August that security costs had quadrupled since 2015 and that she had to have a bodyguard.

On February 26, Tumso Abdurakhmanov, a blogger critical of authorities in Chechnya, Russia, survived a violent assault in his home in Gavle. Two Russian nationals were arrested in connection with the attack.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Antidiscrimination laws exist; apply to lesbian, gay, bisexual, transgender, and intersex individuals; and were enforced. In the assessment of a crime’s penalty, special consideration must be given if the crime was motivated by a person’s or group’s sexual orientation.

United Kingdom

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government routinely respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law prohibits expressions of hatred toward persons because of their color, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation as well as any communication that is deemed threatening or abusive and is intended to harass, alarm, or distress a person. The penalties for such expressions include fines, imprisonment, or both.

Freedom of Press and Media, Including Online Media: The law’s restrictions on expressions of hatred apply to the print and broadcast media. In Bermuda the law prohibits publishing written words that are threatening, abusive, or insulting, but only on racial grounds; on other grounds, including sexual orientation, the law prohibits only discriminatory “notices, signs, symbols, emblems, or other representations.”

In September the Council of Europe issued a “Level 2 Media Freedom Alert” to the UK after Ministry of Defence press officers refused to engage with Declassified UK, an investigative media outlet. The secretary of state for defence issued an apology to lawyers for Declassified UK and said he would open an investigation into the incident.

Violence and Harassment: During Black Lives Matter protests in London in June, two Australian and one British journalist, were violently attacked. The National Union of Journalists called for the arrest of the perpetrators, which had not taken place at year’s end.

In July charges were brought against a suspect for the killing of freelance reporter Lyra McKee in April 2019 in Londonderry, Northern Ireland.

Libel/Slander Laws: On February 12, the governor of the British Virgin Islands signed into law a bill that criminalizes with imprisonment for up to 14 years and a fine “sending offensive messages through a computer.” The law applies to a message that is “grossly offensive or has menacing character” or that is sent “for the purpose of causing annoyance or inconvenience.” The provision carries penalties up to 14 years in prison and a fine. Media freedom NGOs strongly criticized the law.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law in England and Wales prohibits discrimination and harassment based on sexual orientation. It encourages judges to impose a greater sentence in assault cases where the victim’s sexual orientation was a motive for the hostility, and many local police forces demonstrated an increasing awareness of the problem and trained officers to identify and moderate these attacks. In November the Home Office reported a 15 percent increase in hate crimes based on sexual orientation compared with 2018/19.

Sexual motivation may be an “aggravating factor” in crimes. Crime aggravated by sexual orientation was the second most common type of hate crime in Scotland. Hate crime against lesbian, gay, bisexual, transgender, and intersex persons accounted for 1,486 charges in 2019/20, an increase of 24 percent year on year. In April the Scottish government announced that work on the Gender Recognition Act would be delayed indefinitely because of the COVID-19 pandemic. The act, which would have made it easier for persons legally to change their gender, faced criticism, including from within the governing Scottish National Party, over how it would affect women-only services.

PSNI statistics showed there were 218 homophobic crimes and 41 transphobic crimes.

Human Rights Reports
Edit Your Custom Report

01 / Select A Year

02 / Select Sections

03 / Select Countries You can add more than one country or area.

U.S. Department of State

The Lessons of 1989: Freedom and Our Future