Memory and Punishment - Historical Denialism, Free Speech and the Limits of Criminal Law

This book examines the criminalisation of denials of genocide and of other mass

atrocities in Europe and discusses the implications of protecting institutional historical

memory through criminal law.

The analysis highlights the tensions with free speech, investigating the relationship

between criminal law and historical memory. The book paves the way for a broader

discussion about fake news, 'post-truth' scenarios, and free expression in a digital

world. The author underscores the need to protect well-founded factual records from

the dangers of misinformation. Historical denialism and the related jurisprudence

represent a key step in exploring this complex field.

The book combines an interdisciplinary approach with criminal law methodology.

It is primarily aimed at academics, practitioners and others who wish to deepen

their understanding of historical denialism, remembrance laws, 'speech crimes' and

freedom of expression.

Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International

and European Criminal Law at the School of Law, University of Bologna.

She is a Principal Investigator within the EU research consortium Memory Laws

in European and Comparative Perspectives funded by HERA (Humanities in the

European Research Area).