Charges against Bob Vylan dismissed
The statements made by the punk band Bob Vylan during their performance in Paradiso on the 13th of September 2ÍJ25, are not punishable according to the Public Prosecution Service. Although they may be perceived as provocative and harsh, they do not constitute group defamation, incitement to hatred or discrimination, or incitement according to the Public Prosecution Service. The Public Prosecution Service reached this conclusion after a careful investigation into four statements made by Bob Vylan.
The performance of the punk band in Paradiso caused quite a commotion after several (excerpts from) statements by the group were published and disseminated on social media and in the media. The police received dozens of reports about the concert, and ultimately 35 organisations and private individuals pressed charges.
Four statements assessed
The police demanded the recording Paradiso made of the performance. Only the spoken passages which were relevant to the criminal assessment were transcribed and translated with the assistance of a certified interpreter. The song lyrics were disregarded, partly because no charges were pressed regarding them. The four assessed statements of the punk band are the following:
- ."Death to the IDF",
- ."But sometimes, sometimes you also have to represent kicking a nazi in the fucking face!",
- "Fuck Andy, fuck the fascists, fuck the zionists. Get out there and fight them. Get out there and meet them in the sfreets. Get out there and let them know that you do not fucking stand by them. Do you understand me?"
- "Because if you talk shit, you will get banged. Rest in peace Charlie Kirk you piece of shit"
Context
In assessing the statements, the Public Prosecution ServÍce only reviews them on the basis of existing legislation and case law. The question of whether a statement is inappropriate or reprehensible is not taken into consideration by the Public Prosecution Service. Parts of some statements were quoted in media coverage/ which, detached from their context, could give a different impression. The Public Prosecution Service understands that this has led to questions and emotions. However, it is important that the full context is considered at all times in assessing possible criminal offences.
Assessment
For something to be punishable under the discrimination articles, there should be actual incitement to hatred or violence against a group of people on the grounds of, among other things, their race or religion. The Public Prosecution Service concludes that where Bob Vylan speaks of Zionists it is not evident that those statements implicitly refer to lewish people as a group. Zionism is a political movement and ideology; these characteristics as such are not protected by discrimination articles. The four statements, as they are made in their entirety, therefore do not contain punishable discrimination according to the Public Prosecution Service.
In addition, the Public Prosecution Service establishes that none of the four assessed contain incitement. Although the statements are provocative and harsh in tone, the Prosecution Service interprets them as calls for activism and political involvement, witch fit with the expressive and confrontational style of the punk genre. For that reason, there is incitement to violence in this case according to the Public Prosecution Service.
The parties pressing charges have been notified of the Public Prosecution Service's decision and they can file a complaint with the court of appeal if they object.