The use of flags from the German Third Reich is currently subject to legal restrictions in a number of countries. Whilst legal in the majority of countries, in several European countries the display of flags associated with the Nazi government is subject to restriction or an outright ban. Many Nazi flags make use of Hakenkreuz, or swastika symbols; however, the swastika is not always used in connection with the National Socialist German Workers' Party movement or of the German Third Reich or the combined German military of 1933–1945. Outside of Nazism, use of swastikas pre-dates the German Third Reich by some 3,000 years. It is possible to display certain non-Nazi swastikas even in areas where Nazi hakenkreuz swastikas are prohibited.
Asia
Israel
The use of Nazi symbols is legal in Israel. Legislation regarding such symbols was initiated in early 2012 but no law was passed.
North America
Canada
has no legislation specifically restricting the ownership, display, purchase, import or export of Nazi flags. However, sections 318–320 of the Criminal Code, adopted by Canada's parliament in 1970 and based in large part on the 1965 Cohen Committee recommendations, provide law enforcement agencies with broad scope to intervene if such flags are used to communicate hatred in a public place, 319, and 319.
strictly prohibits the public display and/or proliferation of all insignia/symbols, emblems, uniforms, flags, etc., clearly associated with the National Socialist German Workers' Party. There are legal exceptions for works of art, these however do not apply if the respective work promotes National Socialism. The law has been amended to include commonly recognised replacements or slightly modified depictions of Nazi symbols. Violations of the Badges Act 1960, which prohibits the public display of Nazi symbols, are punishable by up to € 4000.- fine and up to 1 month imprisonment. However, if the violation is deemed an attempt to promote National Socialism, the Prohibition Act 1947 is applied, which allows for up to 10 years imprisonment. Trading medals, uniforms or other memorabilia however isn't illegal in Austria.
The Czech Republic has no legislation restricting ownership, display, purchase, import or export of Nazi flags; indeed Czech legislation makes even the banning of protests involving such flags very difficult. In 1991, in Czechoslovakia the criminal code was amended with 260 which banned propaganda of movements which restricted human rights and freedoms, citing Nazism and Communism. Later the specific mentions of these were removed citing their lack of clear legal definition. However, the law itself was recognised as constitutional. The police may cancel such events only once it becomes clear that protesters are inciting hate, which is deemed illegal in the Czech Republic. Legal regulation of hate crimes in the Czech Republic is contained in Act 140/1961 The Criminal Act.
Cyprus
has no legislation designed to restrict the ownership, display, purchase, import or export of Nazi flags, nor does the Criminal Code of Cyprus expressly allow for racist or other bias motives to be taken into account when sentencing. However, use of Nazi flags in a manner likely to cause discrimination, hatred, or violence may be dealt with under Cyprus' ratification of the UN Convention on the Elimination of All Forms of Racial Discrimination. This allows for the prosecution of anyone who expresses an idea which insults another person's race, religion or ethnicity.
Estonia
In early 2007 the Riigikogu was proceeding a draft bill amending the Penal Code to make the public use of Soviet and Nazi symbols punishable if used in a manner disturbing the public peace or inciting hatred. The bill did not come into effect as it passed only the first reading in the Riigikogu.
Finland
has no specific legislation aimed at controlling ownership, display, purchase, import or export of Nazi flags, however the Criminal Code may be applied where an offence has been directed at a person belonging to a national, racial, ethnic or other population group due to his/her membership in such a group. Finland also has a history of swastikas for government and military flags. Flags containing the symbol can be found in the Finnish Air Force, Defence Forces, certain regiments of the army and flight schools.
France
In France, it is illegal to display Nazi flags, uniforms and insignia in public, unless for the purpose of a historical film, show, filmmaking or spectacle. In April 2000, the International League against Racism and Anti-Semitism and Union des étudiants juifs de France brought a case against Yahoo! which objected to the auctioning of Nazi memorabilia, in France, via Yahoo!'s website on the basis that it contravened Article R645-1. Though a French judge did initially order Yahoo! to take measures to make it impossible for users in France to reach any Nazi memorabilia through the Yahoo! site, in December 2001 the US District Court for the Northern District of California ruled that Yahoo! would be shielded from the judgement of the French court.
Germany
After World War Two, the penal code of the Federal Republic of Germany was amended to prohibit propaganda material and symbols of forbidden parties and other organisations. This includes, explicitly, material in the tradition of a former national socialist organization. Prohibited is the production and distribution of this material. Prohibited is also the public display of the symbols related. Legal consequences can be a fine or a prison term. Examples are Nazi symbols, such as the Hakenkreuz swastika and the SS logo. It is legal to use the symbols for educational and artistic purposes.
Hungary
Section 335 of the Act C of 2012 on the Criminal Code of Hungary regulates the "use of symbols of totalitarianism", including the swastika, the insignia of the SS, the arrow cross, the hammer and sickle, and the five-pointed red star.
Latvia
In June 2013, the Latvian parliament approved a ban on the display of Nazi symbols at all public events. The ban involves flags, anthems, uniforms, Nazi hakenkreuz.
Lithuania
banned Nazi symbols in 2008 under the threat of a fine. Article 5 of the Law on Meetings prohibits meetings involving Nazist and Soviet imagery. As of 2015, the laws were in effect.
In 2009, in Poland § 2 to 4 were added to Article 256, which bans fascist symbols unless used "as part of artistic, educational, collecting or academic activity."
Russia
Russian administrative code prohibits propaganda,production and dissemination of Nazi symbols and lookalikes with fines up to 100,000 rubles.
In 2009, Serbia passed a law prohibiting "manifestations of Neo-nazist or Fascist organizations and associations, and use of the Neo-nazist or Fascist symbols and insignia".
