Manfred Smol, the Helmond Forum for Democracy councilor, compared Mark Rutte and Hugo de Jonge to Nazi leaders on Twitter. He also wished the politicians a nasty death in Siberia. The Twitter account that Smol used under a fake name has since been removed and the Helmond branch of the party is investigating the statements. But how punishable are these statements via social media?
“One thing is clear: a threat is punishable, but the question is whether you can demonstrate that it is a serious threat that someone can actually carry out,” explains legal psychologist Peter van Knoppen.
“You could say that this is beyond his control and so it is not a direct threat.”
The FVD councilor wished Prime Minister Mark Rutte and Hugo de Jonge a death in Siberia, but according to the legal psychologist there is a difference between wishing and threatening. “A lawyer could say that these rulings are beyond his control and therefore not a direct threat.”
According to the experts, the comparisons that Smol made with Nazi leaders could fall under insult, libel or slander. Fines can be imposed for these criminal offenses that can run into the thousands of euros. In some cases, offenders receive a prison sentence of a few months.
“Rutte and other politicians have something else on their minds.”
In order to start a criminal case, you must first file a report. “I wonder if Rutte and the other politicians are going to file a complaint against Smol. They have other things on their minds,” says Peter Tak, a former professor of criminal law.
However, that does not mean that there cannot be consequences for the councilor. “Someone else can also report to the politicians. Whether that will happen in that case, I dare not say.”
Despite the fact that Tak does not immediately see a criminal case in the council member’s statements, he is shocked by the statements. “It is a bad thing that a councilor makes such statements to other politicians. Anyone can post anything on social media.”
In addition to Mark Rutte and Hugo de Jonge, the Belgian Virologist Marc van Ranst and PvdA faction leader Attje Kuiken were insulted. Earlier, Belgian virologist Marc van Ranst told Omroep Brabant that he is not filing a report against Smol, despite the councilor calling him a ‘silent killer’ and ‘coward’.
If the other politicians do report, the penalties will vary, the experts think. “In threat cases, it is always difficult to predict a penalty in advance. A judge looks at how serious a threat is and that depends on various circumstances,” says Van Koppen.
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