Questions arise if Holocaust denial text on Anne Frank House can be prosecuted

The text that was projected on the Anne Frank House on Monday evening is not yet punishable in itself, according to a spokesperson for the Public Prosecution Service. However, it is being investigated whether the act could be punishable because of its inclusion in a video about the act, which included other anti-Semitic content.

The video of the incident was distributed through far-right Telegram channels, where anti-Semitic statements are also expressed in English. The accompanying comments on that video are punishable, according to the Public Prosecution Service, including for suspicion of hate speech towards an entire group, and using discrimination to incite violence.

Around 9 p.m. on Monday, the text, "Anne Frank , inventor of the ballpoint pen," was projected for a few minutes on the front of the Anne Frank House on the Prinsengracht in Amsterdam. The text is a reference to a decades-old conspiracy theory that questions the authenticity of Anne Frank 's diary. Loose sheets of paper with text written in ballpoint pen were found in the diary, which were attributed to a researcher studying the book. The conspiracy theory suggests that the entirety of the diary was written with ballpoint pens, which were not common until after World War II. Frank died at the Bergen-Belsen concentration camp in 1945. Research has shown her diary was written in fountain pen and pencil, but conspiracy theorists claim this was a cover-up meant to exaggerate the reality of the Holocaust.

Prime Minister Mark Rutte called it "reprehensible," and said, "Anti-Semitism has no place in our country; we can never and should never accept it."

Criminal attorney Jillis Roelse argued that the projection is indeed punishable by law because of its underlying message. "They did not simply choose that location," Roelse noted. He said he expects that the Public Prosecution Service will therefore have "a very strong case" if this is brought to court. "It is so extremely anti-Semitic. If I were a public prosecutor, I would know," said Roelse, who believes, among other things, that the discrimination provisions have been violated and that incitement to hatred has taken place.

According to Roelse, the fact that the text seems innocent in itself on the surface does not really matter in this case. He referenced a judgment by the Supreme Court about a T-shirt with a controversial text, "Combat 18." The Supreme Court ruled this to be intentional hate speech, agreeing with the argument that the numbers 1 and 8 referred to the first and eighth letters of the alphabet, A and H. This was intended as an abbreviation for Adolf Hitler.

The security working at the Anne Frank House first became aware of the incident themselves on Monday. The police were aware of the projection on Wednesday. Mayor Femke Halsema then contacted the Anne Frank House about filing a report and pressing charges. Halsema then contacted Justice and Security Minister Dilan Yeşilgöz, and informed the National Coordinator for Security and Counterterrorism (NCTV) about the incident.

In a letter to city council, Halsema called the projection a "cowardly, reprehensible act" and said the video on Telegram was "shocking." The Anne Frank House has since filed a report. The police and the Public Prosecution Service are investigating the case.

Yesilgöz called the incident "disgusting. Really disgusting."

According to Roelse, prosecutors should take this case very seriously. He called anti-Semitism a growing problem in Amsterdam. "It is a problem that should receive much more attention," said Roelse, who also wants politicians to express themselves very clearly about the issue.

Several Tweede Kamer politicians did respond with horror.

The House of Representatives is also reacting with horror. "Disgusting that people feel the space for this unadulterated hatred and anti-Semitism," said Volt leader Laurens Dassen.

GroenLinks leader Jesse Klaver called it "extremely disturbing that the extreme right feels free to project this sort of reprehensible anti-Semitic conspiracy theories."

"What a crazy act," said PvdA MP Mohammed Mohandis. He recalled the racist slogans that were projected on the Erasmus Bridge in Rotterdam at the turn of the New Year.

"Reprehensible and painful," says his party leader, Attje Kuiken. "Anti-Semitism is growing and must therefore be vigorously countered and combated."

"Hurtful, dangerous and cowardly," said CDA MP Anne Kuik. "In World War II, anti-Semitic conspiracy theories thrived. Now these scary whirlpools are emerging again. Anti-Semitism, extremism and conspiracy thinking are a threat to our country, which we must remain alert to and fight against."