Sweden Criminalizes Holocaust Denial in New Constitutional Amendment

The Swedish Parliament has approved a landmark constitutional amendment that criminalizes Holocaust denial, marking it as an offense against freedom of expression. This amendment, set to take effect on January 1, 2027, explicitly defines denial of genocide or crimes against humanity as hateful speech targeting groups and thus violating constitutional free speech protections. While Holocaust denial could already be prosecuted under existing hate speech laws if it constituted incitement, the new amendment firmly embeds this stance within the constitution.

This legal change aims to combat hate propaganda, particularly on the internet, where such expressions sometimes exploit press freedom safeguards. The amendment underwent two parliamentary votes, requiring a general election between them, and was approved in the second parliamentary voting.

In parallel, the Swedish Riksdag has passed additional changes to make amending the constitution more stringent. Starting April 1, 2027, any constitutional amendment will require a two-thirds majority vote on the second decision, again following the two-step parliamentary vote process with a general election in between. These reforms also strengthen judicial independence, reinforcing the separation of powers within Sweden’s constitutional framework.

The initial decision for these constitutional reforms was taken on October 1, 2025, with the recent approvals culminating the legislative process. This step signals a robust legislative effort to balance freedom of expression with protections against hate speech and to safeguard democratic institutions through enhanced legal stability and judicial autonomy.

“The amendment signals our commitment to effectively combating hate propaganda and ensuring that denial of crimes against humanity is recognized as a fundamental violation,” Swedish lawmakers said in the parliamentary discussions. The changes set a precedent for addressing extremist speech while reinforcing constitutional safeguards, reflecting evolving societal and legal perspectives in Sweden.