31 Spring-Summer 2017 community institutions and religious facilities.6 Despite the established regulations, we are currently witness to apparent examples of antisemitism in the Croatian public sphere, including display of Nazi symbols on buildings, chanting of Ustasha7 slogans during sport competitions, and distribution of materials aimed at minimizing, or even denying, the crimes committed by Ustashas in Jasenovac and other concentration camps during World War II. In Croatia, hate speech is regulated by both misdemeanor and criminal legislation. Whether hate speech will be treated as a misdemeanor or criminal offense depends on the circumstances of each individual case. The criteria for differentiating between them have been established by case-law. Several questions are posed in relation to the issue of hate speech in the Croatian public sphere: Is the legislation governing hate speech adequate and complete? How does the case-law qualify different manifestations of hate speech in the Croatian public sphere? And, finally, is the established legal framework succeeding in adequately responding to hate speech in light of current circumstances? Hate Speech as a Misdemeanor Offense - Legislation and Case-Law In Croatia, hate speech is predominantly treated as a misdemeanor under three misdemeanor laws: (i) Misdemeanors against Public Order and Peace Act; (ii) Prevention of Disorder at Sports Competitions Act; and (iii) Public Assembly Act. The Misdemeanors against Public Order and Peace Act criminalizes hate speech in public places as a lex generalis, while the other two Acts are applied in specific cases, when hate speech is manifested exclusively at an organized sports competition and at an organized public event, respectively. a. Manifestation of hate speech in organized sports competitions According to the Prevention of Disorder at Sports Competition Act,8 its purpose is to create an environment which prevents, restrains and sanctions improper behavior, disorder and violence before, during and after a sports competition or a sporting event. Unlawful behaviors which in their essence constitute hate speech relate to: i) attempt to introduce, introduction and display of a banner, flag or another object containing a text, image, sign or other marking which expresses or incites hatred or violence based on racial, national, regional or religious affiliation, and ii) singing songs or hurling of messages to competitors or other spectators whose content expresses or incites hatred or violence based on racial, national, regional or religious affiliation. Therefore, hate speech at sports competitions can be manifested passively – by possessing certain unacceptable markings, and actively – by articulating hate messages in song or words. Sanctions for the above described unlawful behaviors have been increased with each amendment to the Act. According to the latest 2011 amendments, the perpetrator of the first-listed unlawful act (i) may be imposed a fine ranging from HRK (Croatian kuna) 2,000 to HRK15,000 (approximately EUR 266 to 1,998) or a prison sentence of up to 30 days, while the perpetrator of the second-listed unlawful act (ii) may be imposed a fine in the amount of HRK 5,000 and up to HRK 25,000 (approximately EUR 665 to 3,330) or a prison sentence of at least 30 days and not more than 60 days. Despite the legislator's obvious intention to raise the awareness and exert a deterring effect on potential perpetrators of misdemeanors by raising the sanctions, based on the analysis of case-law, as well as insight into some of the more recent events in sports competitions in the Republic of Croatia, it is clear that hate speech is omnipresent among sports supporters. According to data of the High Misdemeanor Court of the Republic of Croatia,9 most final convictions were related to the disturbance of public order by hurling antisemitic slogans and wearing antisemitic marking. In July 2013, at the Croatia-Norway handball match, a 23-year old man carried into the sports facilities a shawl that read "Za dom spremni!" (For the Homeland Ready!).10 The misdemeanor 6. Working definition of antisemitism, European Forum for Antisemitism, May 26, 2016, available at http://europeanforum-on-antisemitism.org/report/working-definitionantisemitism-ihra (last visited March 22, 2017). 7. Ustasha movement is a fascist organization created in Italy in 1929 that established a puppet regime on the territory of German-Italian occupied Croatia. The newly formed puppet state was called “Independent State of Croatia” and existed until 1945. It is known for collaboration with Nazi and Fascist regimes and committing numerous atrocities on the territory of ex-Yugoslavia. 8. Prevention of Disorder at Sports Competition Act (2012) of the Republic of Croatia (Official Gazette No.: 117/03, 71/06, 43/09, 34/11 and 68/12). 9. Data obtained from the High Misdemeanor Court of the Republic of Croatia pursuant to authors' request. 10. Za dom spremni was the Ustasha salute, used by the supporters of the Nazi regime.
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