106-544: The Federal Agency for Child and Youth Protection in the Media (German: Bundeszentrale für Kinder- und Jugendmedienschutz or BzKJ ), until 2021 "Federal Review Board for Media Harmful to Minors" (German: Bundesprüfstelle für jugendgefährdende Media or BPjM ), is an upper-level German federal agency and youth protection panel subordinate to the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth . It
212-515: A La Salle University medieval English literature professor, is considered the first major mainstream American holocaust denier. App defended the Germans and Nazi Germany during World War II. He published numerous articles, letters, and books on Holocaust denial, quickly building a loyal following. App's work inspired the Institute for Historical Review , a California center founded in 1978 whose sole task
318-475: A "false news" law and sentenced to 15 months imprisonment by an Ontario court for "disseminating and publishing material denying the Holocaust". The Holocaust historian Raul Hilberg was a witness for the prosecution at the 1985 trial. Zündel's conviction was overturned in an appeal on a legal technicality, leading to a second trial in 1988, in which he was again convicted. The 1988 trial included, as witnesses for
424-574: A French professor of literature at the University of Lyon , wrote two letters to Le Monde claiming that the gas chambers used by the Nazis to exterminate the Jews did not exist. A colleague of Faurisson, Jean-Claude Pressac , who initially shared Faurisson's views, later became convinced of the Holocaust's evidence while investigating documents at Auschwitz in 1979. He published his conclusions along with much of
530-599: A Hitlerite-style regime may be impossible, but a replica might be produced in the future; the rehabilitation of Nazism, they concluded, required the discrediting of the Holocaust. Neo-fascism has likewise relied upon Holocaust denial as a means of rehabilitation. As a movement, modern Holocaust denial is associated with historical revisionism based on pseudoscientific evidence and fringe academic networks including intradiegetic pseudoscientific journals, conferences, and professional organizations (e.g. Journal of Historical Review , International Conference to Review
636-488: A contingency plan that if defeat was imminent they would carry out the total destruction of German records. Historians have documented evidence that as Germany 's defeat became imminent and Nazi leaders realized they would most likely be captured and brought to trial, great effort was made to destroy all evidence of mass extermination. Heinrich Himmler instructed his camp commandants to destroy records, crematoria, and other signs of mass extermination. As one of many examples,
742-504: A court when certain articles of the Strafgesetzbuch apply to them, such as glorification of violence or denial of the Holocaust . Confiscation results in a nationwide ban on its sale even to adults; the mere possession of such material remains legal (with the exception of child pornography). A well-known example of a confiscated work is Wolfenstein 3D , which was confiscated due to the use of Nazi symbols such as swastikas . Since it
848-549: A legal basis for the actions of the BPjM . The original Bundesprüfstelle für jugendgefährdende Schriften ( BPjS , Federal Department for Works Harmful to Young Persons) was established on 18 May 1954, after the Gesetz über die Verbreitung jugendgefährdender Schriften was adopted on 9 June 1953. The presiding officers of the BPjS have been: The first session deciding upon applications requesting
954-514: A paid ad from Bradley R Smith. It was quickly criticized, and the editor issued an apology, saying publishing the ad was a mistake. The German philosopher and historian Ernst Nolte , starting in the 1980s, advanced a set of theories, which though not denying the Holocaust appeared to flirt with an Italian Holocaust denier, Carlo Mattogno , as a serious historian. In a letter to the Israeli historian Otto Dov Kulka of December 8, 1986, Nolte criticized
1060-468: A protégé of Barnes, David Hoggan , published Der erzwungene Krieg ( The Forced War ) in West Germany, which claimed that Germany had been the victim of an Anglo-Polish conspiracy in 1939. Though Der erzwungene Krieg was primarily concerned with the origins of World War II, it also down-played or justified the effects of Nazi antisemitic measures in the pre-1939 period. For example, Hoggan justified
1166-574: A resolution adopted by the Duke University History Department, November 8, 1991, and reprinted in Duke Chronicle , November 13, 1991, in response to an advertisement produced by Bradley R Smith's Committee for Open Debate on the Holocaust : That historians are constantly engaged in historical revision is certainly correct; however, what historians do is very different from this advertisement. Historical revision of major events ...
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#17328524524851272-610: A result of this. Following the Erfurt massacre (a Columbine -like shooting at a school in Erfurt ), the Jugendschutzgesetz was passed in June 2002, replacing the Gesetz über die Verbreitung jugendgefährdender Schriften and the Gesetz zum Schutz der Jugend in der Öffentlichkeit (Law for Protection of Young Persons in Public Places). It came into effect on 1 April 2003. The change in
1378-613: A violation of the Youth Protection Act. If it is not, then banning publication of the lists would not be permitted under Article 5 of the German constitution . Under the new Jugendschutzgesetz , a decision to index remains valid for 25 years. After that, the work is automatically removed from the Index . If the BzKJ is of the opinion that there is still a risk of harm to young people, it must begin
1484-559: A voluminous dictionary of German language and discourse regarding National Socialism and the Holocaust. It includes chapters on Holocaust trivialization and contrived comparisons, such as the infamous "atomic Holocaust", "Babycaust", "Holocaust of abortion", "red Holocaust" or "biological Holocaust". Lawrence Douglas argues that denial was invented by the perpetrators and employed as a means of genocide. For example, trucks of Zyklon B were labeled with Red Cross symbols and victims were told that they would be " resettled ". Douglas also cites
1590-459: A way that could not really be debated." Holocaust deniers have placed "Full page advertisements in college and university newspapers, including those of Brandeis University , Boston College , Pennsylvania State University , and Queens College . Some of these ads arguing that the Holocaust never happened ran without comment; others generated op-ed pieces by professors and students". On September 8, 2009, student newspaper The Harvard Crimson ran
1696-435: Is obvious . At least one assessor on the panel must be a representative of art, literature, the book trade and publishing, or the video or telecommunications industry. An application for indexing will be accepted only if the panel votes unanimously. The person responsible for an indexed work can file suit against the decision to index in an administrative court. The List of Media Harmful to Young People (colloquially known as
1802-678: Is a constitutionally protected freedom of expression as per s 2(b) of the Canadian Charter of Rights and Freedoms . Keegstra appealed to the Alberta Court of Appeal . That court agreed with Keegstra, and he was acquitted. The Crown then appealed the case to the Supreme Court of Canada , which ruled by a 4–3 majority that promoting hatred could be justifiably restricted under s 1 of the Charter . The Supreme Court restored Keegstra's conviction. He
1908-470: Is an antisemitic conspiracy theory that asserts that the Nazi genocide of Jews , known as the Holocaust , is a fabrication or exaggeration. Holocaust denial includes making one or more of the following false claims: The methodologies of Holocaust deniers are based on a predetermined conclusion that ignores overwhelming historical evidence to the contrary . Scholars use the term denial to describe
2014-479: Is deemed influential in regenerating post-war European far-right ideas at a time of identity crisis in the 1950–1960s. His arguments formed the basis of numerous works of Holocaust denial that followed: "testimonies are not reliable, essentially coming from the mouth of Jews and communists", "atrocities committed in camps were the work of deportees [essentially the kapos ]", "disorganization occurred in Nazi camps following
2120-428: Is made by a government body, the BPjM must always examine the media work. If a non-governmental body makes a request, the BPjM can decide itself if it needs to take action. No organization or individual other than the prescribed government bodies may make an Antrag . In practice applications are normally made by the youth welfare offices. The authors, producers or rightsholders of the work in question are notified of
2226-562: Is not concerned with the actuality of these events; rather, it concerns their historical interpretation – their causes and consequences generally. Lipstadt writes that modern Holocaust denial draws its inspiration from various sources, including a school of thought which used an established method to question government policies. In 1992, Donald L. Niewyk gave some examples of how legitimate historical revisionism—the re-examination of accepted history and its updating with newly discovered, more accurate, or less-biased information—may be applied to
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#17328524524852332-548: Is prohibited under the Strafgesetzbuch (German Criminal Code) (in the opinion of the BzKJ ) Sublist E : Entries prior to 1 April 2003 Sublist C : All indexed virtual works harmful to young people whose distribution is prohibited under Article 4 of the Jugendmedienschutz-Staatsvertrag Sublist D : All indexed virtual works, which potentially have content whose distribution is prohibited under
2438-466: Is removed. The decision to index requires a majority of two thirds of the votes. If this majority is not reached, the indexing is rejected. In the event that the Bundesprüfstelle holds a meeting with the legal quorum of nine people, a qualified majority of seven must vote to index or the application will be rejected. The Dreier-Gremium has jurisdiction only in cases where harm to young people
2544-517: Is responsible for examining media works suspected to be harmful to young people. These works are added to an official list – a process known as Indizierung (indexing) in German - as part of child protection efforts. The decision to index a work has a variety of legal implications; chiefly, restrictions on sale and advertisement. The basic rights of freedom of expression and artistic freedom in Article 5 of
2650-497: Is the denial of the Holocaust. The publication of Arthur Butz 's The Hoax of the Twentieth Century : The case against the presumed extermination of European Jewry in 1976; and David Irving 's Hitler's War in 1977 brought other similarly inclined individuals into the fold. Butz was a tenured associate professor of electrical engineering at Northwestern University . In December 1978 and January 1979, Robert Faurisson ,
2756-414: Is the legal uncertainty as to whether a critical discussion of an indexed work is legally permissible or whether it infringes the advertising ban. This can be traced back to the differing positions of various public prosecutor's offices and a clarification of the legal position by law enforcement agencies would consequently be helpful. The critique that the BzKJ is an organisation unique to Germany ignores
2862-471: Is thus often labelled as outdated, useless for parents and society as a whole. Since it seems to only just provide a thin veil of false security for youth protection, it leads to a disproportionate factual restriction of adults' freedom of information. Indexing is not the only mechanism in use in Germany by which broader circulation of certain media works is prevented. Works may also receive a confiscation order by
2968-548: The CDJC , and much of the huge trove of archives were then transferred to the CDJC after the trials and became the core of future Holocaust historiography. The Nuremberg trials were important historically, but the events were still very recent, television was in its infancy and not present, and there was little public impact. There were isolated moments of limited public awareness from Hollywood films such as The Diary of Anne Frank (1959) or
3074-733: The Centre for the Study of the Causes of the War , a German government-funded think tank whose sole purpose was to disseminate the official government position that Germany was the victim of Allied aggression in 1914 and that the Versailles Treaty was morally invalid. Headed by Major Alfred von Wegerer, a völkisch activist, the organization portrayed itself as a scholarly society, but historians later described it as "a clearinghouse for officially desirable views on
3180-547: The Index ) is published only for physical media (those whose content is stored as an object rather than virtually). The list of virtual media is not published so as to avoid advertising these works. It is technically illegal for third parties to publish the list, and the only sanctioned lists can be found in the official publications of the BzKJ . The lists are published in BzKJ-Aktuell , a quarterly journal which costs €14 per issue. Nonetheless, there are numerous lists available on
3286-509: The Posen speeches as an example of denial while genocide was ongoing, with Himmler referring to the Holocaust as "an unnamed and never to be named page of glory". According to Douglas, the denial of mass murder using gas chambers recalls the Nazi efforts to persuade the victims that they were actually harmless showers. While the Second World War was still underway, the Nazis had already formed
Federal Agency for Child and Youth Protection in the Media - Misplaced Pages Continue
3392-583: The September 2017 elections , which included parodies of the candidates fighting each other. This included the portrayals of Angela Merkel as a reptiloid and Alexander Gauland , who had a special move that involved Swastika imagery. When this was noticed by public authorities, they began the prosecution of the game in December, submitting it to the Public Prosecutor General 's office for review based on
3498-551: The Strafgesetzbuch . Figures are from 2004. The legal consequences of a work being listed on the Index are enumerated in § 15 JuSchG: Indexed content of lists A and C can, however, be advertised and sold to adults on the Internet, if it is technically ensured that minors do not have access to the content (closed user groups). Media on lists B and D may be disseminated under the aforementioned conditions, however, they should not be distributed through broadcasting system, including
3604-643: The Wolfenstein 3D decision. The Attorney General declined to consider the game illegal under Strafgesetzbuch section 86a , stating that the 1998 ruling was outdated. Since then, the USK had adopted age ratings for video games and that there was no reason not to consider video games as art within the social adequacy clause. As a result, the Supreme Youth Protection Authority of the Federal States adapted
3710-425: The arts and business are represented by honorary assessors. The members of the panel act independently and not as directed by the interests they represent. The Zwölfer-Gremium consists of: The hearing, which representatives of the work in question can take part in, is oral and not open to the public. However, the presiding officer can allow third parties to attend the hearing. As in the courts, transcripts of
3816-507: The "About the IHR" statement on their website, the IHR states, "The IHR does not 'deny' the Holocaust. Indeed, the IHR as such has no 'position' on any specific event...." British historian Richard J. Evans wrote that the Institute's acknowledgment "that a relatively small number of Jews were killed" was a means to draw attention away from its primary beliefs, i.e. that the number of victims was not in
3922-641: The 1930s, the Nazi government used this propaganda against the British, claiming allegations of concentration camps were malicious lies put forward by the British government, and historians Joachim Neander and Randal Marlin note that this story "encouraged later disbelief when early reports circulated about the Holocaust under Hitler". Victor Cavendish-Bentinck , chairman of the British Joint Intelligence Committee, noted that these reports were similar to "stories of employment of human corpses during
4028-805: The 1961 Judgment at Nuremberg which had some newsreel footage of actual scenes from liberated Nazi concentration camps including scenes of piles of naked corpses laid out in rows and bulldozed into large pits, which was considered exceptionally graphic for the time. Public awareness changed when the Eichmann trial riveted the world's attention fifteen years after Nuremberg. In 1961, the Israeli government captured Adolf Eichmann in Argentina and brought him to Israel to stand trial for war crimes. Chief prosecutor Gideon Hausner 's intentions were not only to demonstrate Eichmann's guilt personally but to present material about
4134-536: The American INS arrested him in Tennessee , US, on an immigration violations matter, and few days later, Zündel was sent back to Canada, where he tried to gain refugee status. Zündel remained in prison until March 1, 2005, when he was deported to Germany and prosecuted for disseminating hate propaganda. On February 15, 2007, Zündel was convicted on 14 counts of incitement under Germany's Volksverhetzung law, which bans
4240-520: The American far-right activist Willis Carto founded the Institute for Historical Review (IHR), an organization dedicated to publicly challenging the commonly accepted history of the Holocaust. The IHR's founding was inspired by Austin App , a La Salle professor of medieval English literature and considered the first major American holocaust denier. The IHR sought from the beginning to establish itself within
4346-523: The Attorney General's ruling to be applicable for all video games within Germany and subsequently, the USK announced this change in August 2018. The USK reviews all games to judge if the use of imagery under Section 86a remains within the social adequacy clause and deny ratings to those that fail to meet this allowance. Federal agency (Germany) Federal agencies in Germany are established to assist
Federal Agency for Child and Youth Protection in the Media - Misplaced Pages Continue
4452-468: The CODOH campus project. He said, "I don't want to spend time with adults anymore, I want to go to students. They are superficial. They are empty vessels to be filled." "What I wanted to do was I wanted to set forth three or four ideas that students might be interested in, that might cause them to think about things or to have questions about things. And I wanted to make it as simple as possible, and to set it up in
4558-513: The Distribution of Works Harmful to Young Persons) as the legal basis for the restriction of freedom of expression when applied to physical media (printed works, videos , CD-ROMs , etc.). The Jugendmedienschutz-Staatsvertrag (State Treaty on Media Protection of Young Persons) between the different Länder came into effect on the same day as the Jugendschutzgesetz and regulates the distribution of broadcasts and virtual media. It also provides
4664-568: The German Grundgesetz are not guaranteed without limits. Along with the "provisions of general laws" and "provisions [...] in the right of personal honour", "provisions for the protection of young persons" may restrict freedom of expression (Article 5 Paragraph 2). The Protection of Young Persons Act , which came into effect in April 2003, is one such provision. It superseded the Gesetz über die Verbreitung jugendgefährdender Schriften (Law on
4770-575: The German government. This Allied intention to administer justice post-war was first announced in 1943 in the Declaration on German Atrocities in Occupied Europe and reiterated at the Yalta Conference and at Berlin in 1945. While the intention was not specifically to preserve the historical record of the Holocaust, some of the core documents required to prosecute the cases were provided to them by
4876-634: The Global Vision of the Holocaust , Committee for Open Debate on the Holocaust ). The first person to openly write after the end of World War II that he doubted the reality of the Holocaust was French journalist Maurice Bardèche in his 1948 book Nuremberg ou la Terre promise ("Nuremberg or the Promised Land"). Viewed as "the father-figure of Holocaust denial", Bardèche introduced in his works many aspects of neo-fascist and Holocaust denial propaganda techniques and ideological structures; his work
4982-465: The Holocaust denial movement bases its approach on the predetermined idea that the Holocaust, as understood by mainstream historiography, did not occur. Sometimes referred to as " negationism ", from the French term négationnisme introduced by Henry Rousso , Holocaust deniers attempt to rewrite history by minimizing, denying, or simply ignoring essential facts. Koenraad Elst writes: Negationism means
5088-742: The Holocaust in 1969 in a book entitled The Myth of the Six Million , which was published by the Noontide Press , a small Los Angeles publisher specializing in antisemitic literature. In 1964, Paul Rassinier published The Drama of the European Jews . Rassinier was himself a concentration camp survivor (he was held in Buchenwald for having helped French Jews escape the Nazis), and modern-day deniers continue to cite his works as scholarly research that questions
5194-400: The Internet is legal only if technical measures prohibit minors from getting access to the object (AVS = Age Verification System or Adult-Check-System). The BzKJ has drawn criticism for de facto censorship , paternalism and restricting the freedom of speech and of the press on the following grounds: The counter-argument states that the advertising ban on indexed works is not the aim of
5300-436: The Internet that reveal which media has been indexed or confiscated. While these online lists are technically illegal, their right to exist and their manner(s) of publication have not been tested in court, as only a small number of them have shut down voluntarily after receiving complaints from a number of non-governmental youth protection associations. As such, it is as yet unknown whether the publication of these lists could be
5406-528: The Internet. It is a matter of dispute whether criticism or discussion of indexed works is allowed in works that are accessible to young people. Public prosecutors have not been unanimous in this regard, but publishers tend to lean on the side of safety, for example, in the German version of Marc Saltzman's Game Design: Secret of the Sages , the titles of indexed games were replaced by random strings matching only their first letters and lengths. Pornographic content on
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#17328524524855512-655: The Mermelstein case filed motions for summary judgment in consideration of which Judge Thomas T. Johnson of the Superior Court of Los Angeles County took " judicial notice of the fact that Jews were gassed to death at the Auschwitz Concentration Camp in Poland during the summer of 1944," judicial notice meaning that the court treated the gas chambers as common knowledge, and therefore did not require evidence that
5618-684: The Second World War", the Allies made the Nazis the "scapegoat" for their own misdeeds. Barnes cited the French Holocaust denier Paul Rassinier , whom Barnes called a "distinguished French historian" who had exposed the "exaggerations of the atrocity stories". In a 1964 article, "Zionist Fraud", published in the American Mercury , Barnes wrote: "The courageous author [Rassinier] lays the chief blame for misrepresentation on those whom we must call
5724-628: The Supreme Court of Canada declared the "false news" law unconstitutional. Zündel had a website, web-mastered by his wife Ingrid, which publicized his viewpoints. In January 2002, the Canadian Human Rights Tribunal delivered a ruling in a complaint involving his website, in which it was found to be contravening the Canadian Human Rights Act . The court ordered Zündel to cease communicating hate messages. In February 2003,
5830-420: The accepted facts of the Holocaust. Critics argued that Rassinier did not cite evidence for his claims and ignored information that contradicted his assertions; he nevertheless remains influential in Holocaust denial circles for being one of the first deniers to propose that a vast Zionist/Allied/Soviet conspiracy faked the Holocaust, a theme that would be picked up in later years by other authors. Austin App ,
5936-510: The application or request for indexing. They have the right to a legal hearing. The Bundesprüfstelle may not continue with the indexing process, if one of the following requirements if met: The decision whether a media work is harmful to young people is taken by the Zwölfer-Gremium (Panel of Twelve) or the Dreier-Gremium (Panel of Three). On these panels, youth protection agencies,
6042-444: The bodies of the 25,000 mostly Latvian Jews whom Friedrich Jeckeln and the soldiers under his command had shot at Rumbula (near Riga ) in late 1941 were dug up and burned in 1943. Similar operations were undertaken at Belzec , Treblinka and other death camps. In occupied France , the situation with respect to preserving war records was not much better, partly as a result of French state secrecy rules dating back to well before
6148-600: The broad tradition of historical revisionism, by soliciting token supporters who were not from a neo-Nazi background such as James J. Martin and Samuel Edward Konkin III , and by promoting the writings of French socialist Paul Rassinier and American anti-war historian Harry Elmer Barnes, in an attempt to show that Holocaust denial had a base of support beyond neo-Nazis. The IHR republished most of Barnes's writings, which had been out of print since his death. While it included articles on other topics and sold books by mainstream historians,
6254-510: The constitution itself. Therefore, the establishment of middle-level and low-level federal agencies is limited to the authority explicitly granted by constitutional law, such as foreign policy , public finance , waterways and shipping , border control , intelligence assessment , national security and criminal investigation as well as items concerning the Bundeswehr or aviation and railway issues. Holocaust denial Holocaust denial
6360-573: The country's executive branch on the federal level according to Article 86 of the Basic Law for the Federal Republic of Germany ( Grundgesetz ). They are hierarchically organized on four levels: According to Article 83 of the Grundgesetz , federal laws are generally enforced by the executive branch of the German states , except for laws referring to those explicit items that are enumerated in
6466-439: The decision to index, but its legal consequence. The BzKJ sees it as its responsibility to use the decision to index works harmful to young people in order to raise awareness that there is content which is unsuitable and damaging for minors. This should consequently encourage public debate about the depiction of violence in the media or about other matters of concern. In practice this debate seldom takes place. One reason for this
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#17328524524856572-407: The defense, Fred A. Leuchter , David Irving and Robert Faurisson . The pseudo-scientific Leuchter report was presented as a defense document and was published in Canada in 1988 by Zundel's Samisdat Publishers, and in Britain in 1989 by Irving's Focal Point Publishing. In both of his trials, Zündel was defended by Douglas Christie and Barbara Kulaszka . His conviction was overturned in 1992 when
6678-406: The denial of historical crimes against humanity . It is not a reinterpretation of known facts, but the denial of known facts. The term negationism has gained currency as the name of a movement to deny a specific crime against humanity, the Nazi genocide on the Jews in 1941–45, also known as the Holocaust (Greek: complete burning) or the Shoah (Hebrew: disaster). Negationism is mostly identified with
6784-448: The documentation of Nazi crimes as propaganda and took steps against it. Eisenhower, upon finding the victims of Nazi concentration camps, ordered all possible photographs to be taken, and for the German people from surrounding villages to be ushered through the camps and made to bury the dead. The Nuremberg trials took place in Germany after the war in 1945–1946. The stated aim was to dispense justice in retribution for atrocities of
6890-525: The early days of computer and video games, are unlikely to be made today. Regardless, many of these decisions are still in effect today. Consequently, the time period of 25 years that media is retained on the index is of high controversy. In recent times, it has become more prevalent for digital games on PC to use license keys, while an online activation has to be undertaken to use the license. Many publishers deem it necessary to restrict activation out of Germany for certain games. This leaves German adults without
6996-637: The effort at re-writing history in such a way that the fact of the Holocaust is omitted. In "Secondary Anti-Semitism: From Hard-Core to Soft-Core Denial of the Shoah", Clemens Heni [ de ] writes: Contrary to the hard-core version, soft-core denial is often not easily identifiable. Often it is tolerated, or even encouraged and reproduced in the mainstream, not only in Germany. Scholars have only recently begun to unravel this disturbing phenomenon. Manfred Gerstenfeld discusses Holocaust trivialization in an article published in 2008. In Germany in 2007 two scholars, Thorsten Eitz and Georg Stötzel, published
7102-404: The entire Holocaust, thus producing a comprehensive record. The Israeli government arranged for the trial to have prominent media coverage. Many major newspapers from all over the globe sent reporters and published front-page coverage of the story. Israelis had the opportunity to watch live television broadcasts of the proceedings, and videotape was flown daily to the United States for broadcast
7208-423: The fact that other western countries also have laws and mechanisms, albeit different in scope and practice, to prevent, for example, the sale of pornography to minors, Holocaust denial or racist literature and hate speech. The nature of the BzKJ' s judgements has altered over the decades and been modified in accordance with changing public opinion. Decisions to index from the 1950s and 1960s, and indeed those from
7314-445: The first German defeats", "the high mortality is due to the 'weakening' of prisoners and epidemics", "only lice were gassed in Auschwitz ", etc. Harry Elmer Barnes , at one time a mainstream American historian, assumed a Holocaust-denial stance in his later years. Between World War I and World War II , Barnes was an anti-war writer and a leader of the historical revisionism movement. Starting in 1924, Barnes worked closely with
7420-426: The following day. In the immediate aftermath of the war, prior to the extensive documentation efforts by the Allied forces, a sense of disbelief caused many to deny the initial reports of the Holocaust. Compounding this disbelief was the memory of forged newspaper accounts of the German Corpse Factory , an anti-German atrocity propaganda campaign during WWI, which was widely known to be false by 1945. During
7526-654: The gas chambers at Auschwitz. Mermelstein, in turn, submitted a notarized account of his internment at Auschwitz and how he witnessed Nazi guards ushering his mother and two sisters and others towards (as he learned later) gas chamber number five. Despite this, the IHR refused to pay the reward. Represented by public interest attorney William John Cox , Mermelstein subsequently sued the IHR in the Superior Court of Los Angeles County for breach of contract , anticipatory repudiation , libel , injurious denial of established fact , intentional infliction of emotional distress , and declaratory relief . On October 9, 1981, both parties in
7632-514: The gas chambers existed. On August 5, 1985, Judge Robert A. Wenke entered a judgment based upon the Stipulation for Entry of Judgment agreed upon by the parties on July 22, 1985. The judgment required IHR and other defendants to pay $ 90,000 to Mermelstein and to issue a letter of apology to "Mr. Mel Mermelstein, a survivor of Auschwitz-Birkenau and Buchenwald, and all other survivors of Auschwitz" for "pain, anguish and suffering" caused to them. In
7738-433: The hearing are not published, but the written reasons for a decision can also be requested by those not involved in the proceedings. The names of the assessors are disclosed to those involved in the proceedings, and are also listed in both the transcript and the decision to index. If those not involved in the proceedings request the decision to index, any personal data (of assessors and also of any companies or lawyers involved)
7844-516: The huge one billion Reichsmark fine imposed on the entire Jewish community in Germany after the 1938 Kristallnacht as a reasonable measure to prevent what he called "Jewish profiteering" at the expense of German insurance companies and alleged that no Jews were killed in the Kristallnacht (in fact, 91 German Jews were murdered in the Kristallnacht ). Subsequently, Hoggan explicitly denied
7950-654: The incitement of hatred against a portion of the population and given the maximum sentence of five years in prison. In 1987, Bradley R. Smith, a former media director of the Institute for Historical Review, founded the Committee for Open Debate on the Holocaust (CODOH). In the United States, CODOH has repeatedly attempted to place advertisements questioning whether the Holocaust happened, especially in college campus newspapers. Bradley Smith took his message to college students—with little success. Smith referred to his tactics as
8056-402: The indexing of materials took place on 9 July 1954. The first two works indexed by the BPjS were Tarzan comics . The rationale for this was that they would affect young people in a "nerve-inflaming and brutalising way" and "transport them into an unreal world of lies". Such works were supposedly "the result of a degenerate imagination", which is considered an insult to the comics' illustrator at
8162-673: The last war for the manufacture of fat which was a grotesque lie"; likewise, The Christian Century commented that "The parallel between this story and the 'corpse factory' atrocity tale of the First World War is too striking to be overlooked." Neander notes that "There can be no doubt that the reported commercial use of the corpses of the murdered Jews undermined the credibility of the news coming from Poland and delayed action that might have rescued many Jewish lives." The Neo-Nazi movement has been revitalized by Holocaust denial. Small but vocal numbers of Neo-Nazis realized that recreation of
8268-408: The law clarified the area over which the Bundesprüfstelle has authority. New forms of media such as websites and computer software were within its jurisdiction. As a result of these new powers the organisation's name was changed to the current Bundesprüfstelle für jugendgefährdende Medien . As previously, an examination order can result from the application of a state youth protection agency or from
8374-470: The law on account of their obvious harm to young people, without the need to add them to the Index . These include: However, as often it may not be immediately apparent whether a particular work has content as described in § 15, 2 JSchG, the Bundesprüfstelle is able to index such media for the purpose of clarification. The Bundesprüfstelle has consequently indexed works which deny the Holocaust , which would be indictable as Volksverhetzung or as bringing
8480-460: The legal proceedings afresh. After a popular movie has been removed from the index, there is usually a label that has it re-rated by the FSK (which does not rate indexed movies). Most previously indexed movies get an FSK 16 rating. As commercial interest in old video games is usually low, there is little interest in paying for a re-rating by the USK. In the event that the material or legal situation changes,
8586-498: The majority of material published and distributed by IHR was devoted to questioning the facts surrounding the Holocaust. In 1980, the IHR promised a $ 50,000 reward to anyone who could prove that Jews were gassed at Auschwitz. Mel Mermelstein wrote a letter to the editors of the Los Angeles Times and others including The Jerusalem Post . The IHR wrote back, offering him $ 50,000 for proof that Jews were, in fact, gassed in
8692-520: The mass murder of Jews but deny the participation of their own nationals in the Holocaust. Holocaust denial is considered a serious societal problem in many places where it occurs, and it is illegal in Canada, Israel, and many European countries . Holocaust deniers prefer to refer to their work as historical revisionism, and object to being referred to as " deniers ". Emory University professor Deborah Lipstadt has written that: "The deniers' selection of
8798-420: The memory of the deceased into disrepute, when the public prosecutor 's office was not able to proceed further at that point. Upon the application ( Antrag ) of a youth welfare office or at the request of an accredited non-governmental youth organisation, the BPjM examines whether a written work, film , computer game or other media product has content they consider harmful to young persons. If an application
8904-565: The millions and that Jews were not systematically murdered in gas chambers. In 1984, James Keegstra , a Canadian high-school teacher, was charged under the Canadian Criminal Code for "promoting hatred against an identifiable group by communicating anti-Semitic statements to his students". During class, he would describe Jews as a people of profound evil who had "created the Holocaust to gain sympathy." He also tested his students in exams on his theories and opinion of Jews. Keegstra
9010-414: The name revisionist to describe themselves is indicative of their basic strategy of deceit and distortion and of their attempt to portray themselves as legitimate historians engaged in the traditional practice of illuminating the past." Scholars consider this misleading since the methods of Holocaust denial differ from those of legitimate historical revision. Legitimate historical revisionism is explained in
9116-565: The new National Office for Veterans and Victims of War ; however, the bureau then held them in secret, refusing to release copies later, even to the Center of Contemporary Jewish Documentation (CDJC). In 1943, Isaac Schneersohn , anticipating the need for a center to document and preserve the memory of the persecution for historical reasons and also support claims post-war, gathered together 40 representatives from Jewish organizations in Grenoble which
9222-464: The occurrence of the Holocaust, has claimed that the Wannsee Conference of 1942 never happened and that the minutes of the conference were post-war forgeries done by "biased" Jewish historians designed to discredit Germany. The British historian Ian Kershaw has argued that Nolte was operating on the borderlines of Holocaust denial with his implied claim that the "negative myth" of Nazi Germany
9328-471: The option to import said games, while consoles do not have those kind of restrictions. So far, importing console games has not led to an incrimination of any publisher. While indexing keeps a larger portion of the German population (especially parents) in ignorance over indexed media, due to the Internet, it is easier than ever for minors to inform themselves about new media which might be indexed in Germany and thus be of more interest to them. The indexing process
9434-566: The outbreak of the war." Following World War II, Barnes became convinced that allegations made against Germany and Japan , including the Holocaust, were wartime propaganda that had been used to justify the United States' involvement in World War II. Barnes claimed that there were two false claims made about World War II, namely that Germany started the war in 1939, and the Holocaust, which Barnes claimed did not happen. In his 1962 pamphlet, Revisionism and Brainwashing , Barnes claimed that there
9540-771: The request of a non-governmental youth organisation. For video games , the new law also made the ratings of the USK compulsory. Games that have been given a rating by this organisation can no longer be put on the index. The BPjM has the following responsibilities: § 18 Paragraph 1 JuSchG (Youth Protection Law) defines jugendgefährdend as that which is harmful "to the development of children or young people or to their education as autonomous and socially-compatible individuals". Media that are "immoral, brutalizing, or which provoke violence, crime or racial hatred" are named as examples of this. Under § 15 Paragraph 2 JSchG, certain types of content are subject to restricted distribution by virtue of
9646-560: The rightsholders for an indexed work can apply for the proceedings to be re-opened under Article 51 of the Verwaltungsverfahrengesetz (the Administrative Proceedings Law) with the aim of removing the work from the list. The List is subdivided into various sublists, and these in turn are subdivided into various indexes: Sublist A : Works that are harmful to young people Sublist B : Works whose distribution
9752-516: The study of the Holocaust as new facts emerge to change the historical understanding of it: With the main features of the Holocaust clearly visible to all but the willfully blind, historians have turned their attention to aspects of the story for which the evidence is incomplete or ambiguous. These are not minor matters by any means, but turn on such issues as Hitler's role in the event, Jewish responses to persecution, and reactions by onlookers both inside and outside Nazi-controlled Europe. In contrast,
9858-439: The swindlers of the crematoria, the Israeli politicians who derive billions of marks from nonexistent, mythical and imaginary cadavers, whose numbers have been reckoned in an unusually distorted and dishonest manner." Using Rassinier as his source, Barnes claimed that Germany was the victim of aggression in both 1914 and 1939 and that reports of the Holocaust were propaganda to justify a war of aggression against Germany. In 1961,
9964-489: The time, John Celardo . In 1978, the number and type of institutions which could petition for a work to be indexed was widened considerably. Since then, not only the higher authorities with responsibility for young people in the Länder (states), but also the youth welfare offices of individual Kreise (districts) have been authorized to submit applications. The number of applications for indexing has multiplied significantly as
10070-685: The underlying evidence in his 1989 book, Auschwitz: Technique and operation of the gas chambers . Henry Bienen , the former president of Northwestern University, has described Arthur Butz's view of the Holocaust as an "embarrassment to Northwestern". In 2006, sixty of Butz's colleagues from the Department of Electrical Engineering and Computer Science faculty signed a censure describing Butz's Holocaust denial as "an affront to our humanity and our standards as scholars". The letter also called for Butz to "leave our Department and our University and stop trading on our reputation for academic excellence". In 1978
10176-435: The views and methodology of Holocaust deniers in order to distinguish them from legitimate historical revisionists , who challenge orthodox interpretations of history using established historical methodologies . Holocaust deniers generally do not accept denial as an appropriate description of their activities and use the euphemism revisionism instead. In some former Eastern Bloc countries, Holocaust deniers do not deny
10282-556: The war aimed at protecting the French government and the state from embarrassing revelations, and partly to avoid culpability. For example, at Liberation , the Prefecture of Police destroyed nearly all of the massive archive of Jewish arrest and deportation. One of the earliest efforts to save historical record of the Holocaust occurred during the war, in France, where Drancy internment camp records were carefully preserved and turned over to
10388-414: The work of Holocaust deniers as superior to "mainstream scholars". Nolte wrote that "radical revisionists have presented research which, if one is familiar with the source material and the critique of the sources, is probably superior to that of the established historians of Germany". In a 1994 interview with Der Spiegel magazine, Nolte stated "I cannot rule out the importance of the investigation of
10494-598: The work of the French Holocaust denier Robert Faurisson on the ground that the Holocaust did occur, but went on to argue that Faurisson's work was motivated by what Nolte claimed were the admirable motives of sympathy towards the Palestinians and opposition to Israel. In his 1987 book Der europäische Bürgerkrieg ( The European Civil War ), Nolte claimed that the intentions of Holocaust deniers are "often honourable", and that some of their claims are "not obviously without foundation". Nolte himself, though he has never denied
10600-411: Was a "lack of any serious opposition or concerted challenge to the atrocity stories and other modes of defamation of German national character and conduct". Barnes argued that there was "a failure to point out the atrocities of the Allies were more brutal, painful, mortal and numerous than the most extreme allegations made against the Germans". He claimed that in order to justify the "horrors and evils of
10706-490: Was charged under s 281.2(2) of the Criminal Code (now s 319(2)), which provides that "Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group" commits a criminal offense. He was convicted at trial before the Alberta Court of Queen's Bench . The court rejected the argument, advanced by Keegstra and his lawyer, Doug Christie , that promoting hatred
10812-438: Was created by Jewish historians, his allegations of the domination of Holocaust scholarship by "biased" Jewish historians, and his statements that one should withhold judgment on Holocaust deniers, whom Nolte takes considerable pains to stress are not exclusively Germans or fascists. In Kershaw's opinion, Nolte is attempting to imply that perhaps Holocaust deniers are on to something. In a 1990 interview, Nolte implied that there
10918-401: Was fired from his teaching position shortly afterward. The Toronto-based photo retoucher Ernst Zündel operated a small-press called Samisdat Publishers , which published and distributed Holocaust-denial material such as Did Six Million Really Die? by Richard Harwood (a pseudonym of Richard Verrall – a British neo-Nazi). In 1985, he was tried in R. v. Zundel and convicted under
11024-414: Was initially not clarified in court whether video games constitute a form of art, the same has happened to later games in the franchise and any other computer game displaying Nazi symbols, including those that portray Nazism in a negative light. These rulings were later loosened in August 2018 as a result of a ruling from April that same year. The web-based game Bundesfighter II Turbo was released prior to
11130-535: Was something to the Leuchter report : "If the revisionists [Holocaust deniers] and Leuchter among them have made it clear to the public that even 'Auschwitz' must be an object of scientific inquiry and controversy then they should be given credit for this. Even if it finally turned out that the number of victims was even greater and the procedures were even more horrific than has been assumed until now." In his 1993 book Streitpunkte ( Points of Contention ), Nolte praised
11236-414: Was under Italian occupation at the time in order to form a center de documentation . Exposure meant the death penalty, and as a result little actually happened before liberation . Serious work began after the center moved to Paris in late 1944 and was renamed the CDJC. In 1945, General Dwight D. Eisenhower , Supreme Allied Commander, anticipated that someday an attempt would be made to recharacterize
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