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'{{About|laws restricting facial concealment|anti-mask attitudes during the COVID-19 pandemic|Face masks during the COVID-19 pandemic#Attitudes}} '''Anti-mask''' or '''anti-masking laws''' are legislative or penal initiatives prohibiting the concealment of one's face in public. Anti-mask laws vary widely between jurisdictions in their intent, scope, and penalties. ==North America== ===United States=== There are anti-mask laws in many U.S. states and the [[District of Columbia]].<ref name= anapsid>[http://www.anapsid.org/cnd/mcs/maskcodes.html CND: State Codes Related To Wearing Masks]</ref> * New York State's anti-mask law was enacted in 1845, to provide for public safety after disputes between [[Anti-Rent War|landlords and tenants]].<ref name="cnn" /> * Many anti-mask laws date back to the mid-20th century, when states and municipalities passed them to stop the violent activities of the [[Ku Klux Klan]], whose members typically wore [[Ku Klux Klan hood|hoods]] of white linen to conceal their identities.<ref>{{Cite web|url=https://www.splcenter.org/fighting-hate/intelligence-report/1999/unmasking-klan|title=UNMASKING THE KLAN|newspaper=Southern Poverty Law Center|date=1999-09-15}}</ref><ref>{{Cite news|url=http://codes.findlaw.com/ny/penal-law/pen-sect-240-35.html|title=New York Penal Law – PEN § 240.35 {{!}} FindLaw|newspaper=Findlaw|access-date=2017-01-30}}</ref> * In the 21st century those laws have been applied to political protesters such as those affiliated with the [[Occupy Movement]] or [[Anonymous (group)|Anonymous]] – wearing [[Guy Fawkes mask]]s.<ref>[http://dcist.com/2012/10/occupys_halloween_party_might_break.php Occupy's Halloween Party Might Break D.C.'s Anti-Mask Law] {{webarchive|url=https://web.archive.org/web/20141018035022/http://dcist.com/2012/10/occupys_halloween_party_might_break.php |date=2014-10-18 }}</ref><ref>{{Cite news |url=http://nymag.com/daily/intelligencer/2011/09/old_anti-mask_law_foiling_wall.html |title=Old Anti-Mask Law Foils Wall Street Protestors |last=Coscarelli |first=Joe |date=September 20, 2011 |work=Daily Intelligencer |access-date=2018-07-13 |language=en}}</ref><ref>https://www.aclu.org/free-speech/hi-oh-silver-aclu-challenges-michigan-anti-mask-law-behalf-lone-ranger-protesters With a 'Hi-Oh, Silver!' ACLU Challenges Michigan Anti-Mask Law on Behalf of "Lone Ranger" Protesters</ref><ref>{{Cite journal |last=Simoni |first=Stephen J. |date=1992 |title="Who Goes There?" -- Proposing a Model Anti-Mask Act |url=https://ir.lawnet.fordham.edu/flr/vol61/iss1/16 |journal=Fordham Law Review |language=en |volume=61 |issue=1}}</ref> These laws have been challenged on the grounds that they violate the guarantees of the [[First Amendment to the United States Constitution]] to free speech and free association. Some courts have weighed freedom of speech against the public safety interest, and upheld such laws. For example, the Georgia Supreme Court found the law constitutional on the grounds that the wearing of the mask was an act of intimidation and a threat of violence, which is not protected speech.<ref name="nyt">{{Cite news |url=https://www.nytimes.com/1990/12/06/us/georgia-supreme-court-reinstates-ban-on-wearing-of-klan-masks.html |title=Georgia Supreme Court Reinstates Ban on Wearing of Klan Masks |last=Applebome |first=Peter |date=1990-12-06 |access-date=2018-07-13 |language=en}}</ref> That law has exceptions for holiday celebrations, theatre performances, and occupational safety; the ruling makes it unclear if someone is violating the law if they wear a mask without the intent to threaten violence. A three-judge panel of the [[United States Court of Appeals for the Second Circuit]] upheld a New York law on the ground that wearing a Ku Klux Klan mask did not convey a protected message beyond that conveyed by wearing a hood and robe.<ref name="cnn">{{Cite news |url=http://www.cnn.com/2004/LAW/01/23/antimask.ruling |title=Justice not so clear-cut over laws directed at Klan |last=Drew |first=Kevin |date=Jan 23, 2004 |access-date=2018-07-13}}</ref> Other courts have struck down anti-mask laws. For example, Tennessee and Florida state laws have been invalidated on the grounds that they were unconstitutionally broad.<ref name="nyt" /> An ordinance in [[Goshen, Indiana]], was struck down based on First Amendment doctrine that [[First Amendment to the United States Constitution#Anonymous speech|specifically protects]] anonymous speech and anonymous association, especially for unpopular groups like the KKK.<ref name="cnn" /> During the [[1918 influenza pandemic]] in San Francisco, California, a group of citizens that included doctors and several city supervisors formed an "[[Anti-Mask League of San Francisco|Anti-Mask League]]" after becoming frustrated with mandated mask-wearing.<ref>{{cite web |last1=Kamiya |first1=Gary |title=A city of masks: When the flu tore through San Francisco |url=https://www.sfchronicle.com/bayarea/article/A-city-of-masks-When-the-flu-tore-through-San-6499265.php |website=SFChronicle.com |accessdate=20 April 2020 |date=12 September 2015}}</ref> ===Canada=== * After several high-profile protests, the [[Canadian Parliament]] introduced [[Bill C-309]], which bans the wearing of masks during a riot or other unlawful assembly.<ref>[http://vancouver.mediacoop.ca/story/canadian-anti-masking-bill-imminent/10849 Canadian Anti-Masking Bill Imminent]</ref><ref>[http://www.cbc.ca/news/canada/police-chiefs-back-anti-mask-bill-1.1061197 Police chiefs back anti-mask bill]</ref> The bill became law on June 19, 2013.<ref>Meagan Fitzpatrick, CBC News Wearing a mask at a riot is now a crime http://www.cbc.ca/news/politics/story/2013/06/19/pol-mask-bill-royal-assent.html</ref> Those convicted of it face up to 10 years in prison.<ref>[http://rt.com/news/canadians-ten-years-protesting-masks-965/ Mask ban: Canada's veiled protesters face 10 years' jail]</ref> * Canada's Criminal code, Section 351(2), also covers "Disguise with Intent", whereby "Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years". With some exceptions, an indictable offence in Canada is one that is subject to a fine of greater than $5,000 or imprisonment of more than six months. * in 2017 a [[Quebec ban on face covering]] for transition and government services became publicized. ==Europe== [[File:Full-face veils ban in Europe.svg|thumb|right|400px|Anti-mask laws in Europe as of 2019<br /> {{Legend|#b34452|National ban – country bans wearing full-face veils in public}} {{Legend|#db8e97|Local ban – cities or regions ban full-face veils}} {{Legend|#e29882|Partial ban – government bans full-face veils in some locations}} ]] {{Expand section|date=June 2018}} The present table provides a non-exhaustive overview comparing legal restrictions of face coverings in European states. The 2010 [[French ban on face covering]] is widely regarded as the most strict, prohibiting face coverings in almost all situations in public places, as opposed to limited restrictions in countries such as Denmark that only outlaws such practices in the context of public assemblies such as demonstrations. {| class="sortable wikitable" |+ '''Legal restrictions on face covering in Europe''' ! State ! Since ! Limitations (examples) ! Situations ! Exceptions ! ! class="unsortable"| Notes |- | [[Austria]] | 2002, 2017 | Burqas, niqabs, [[Motorcycle helmet#Full face|motorcycle full face helmets]] or face-covering scarves<ref name="Bilefsky"/><ref name="Noack"/> | Demonstrations, universities, public transportation or courthouses<ref name="Bilefsky"/> | Face covering for doing one's job<ref name="Noack"/> | |- | [[Belgium]] | 2011 | Burqas, niqabs and other masks<ref name="Belgium17"/> | In public (unspecified)<ref name="Belgium17"/> | | Upheld by the [[European Court of Human Rights|ECHR]] in 2017<ref name="Belgium17"/> |- | [[Bulgaria]] | 2016 | Burqas, niqabs or other face-covering veils<ref name="Krasimirov">{{Cite news |url=https://www.smh.com.au/world/bulgaria-the-latest-european-country-to-ban-the-burqa-and-niqab-in-public-places-20161001-grss9q.html |title=Bulgaria the latest European country to ban the burqa and niqab in public places |author=Angel Krasimirov |work=The Sydney Morning Herald |date=1 October 2016 |accessdate=27 June 2018}}</ref> | Government offices, schools, cultural institutions and places of public recreation<ref name="Krasimirov"/> | Exceptions are allowed for health or professional reasons<ref name="Krasimirov"/> | National ban was preceded by local bans in Bulgarian towns<ref name="Krasimirov"/> |- | [[Denmark]] | 2000 | Hoods, masks, painting or the like or objects to cover one's face<ref name="Maskeringsforbud"/> | Public assemblies<ref name="GreenLeft Weekly"/> | Masking to protect one's face against the weather<ref name="Maskeringsforbud"/> | Does not apply in [[Greenland]] or the [[Faroe Islands]]<ref name="Maskeringsforbud"/> |- | [[France]] | [[French ban on face covering|2010]] | Burqas, niqābs, motorcycle full face helmets, balaclavas, hoods and other face-covering veils<ref name="Willsher">{{Cite news |url=https://www.theguardian.com/world/2014/jul/01/france-burqa-ban-upheld-human-rights-court |title=France's burqa ban upheld by human rights court |author=Kim Willsher |work=The Guardian |date=1 July 2014 |accessdate=27 June 2018}}</ref> | Public places<ref name="Willsher"/> | Full face helmets worn on motorcycles<ref name="Willsher"/> | Upheld by the [[European Court of Human Rights|ECHR]] in 2014<ref name="Willsher"/> |- | [[Germany]] | 1985 | Items suitable and intended to prevent identification<ref name="Dejure"/> | Open-air public assemblies or other open-air public events or on the way there<ref name="Dejure"/> | Competent authorities may provide exemptions if there is no threat to public safety or public order<ref name="Dejure"/> | |- | [[Italy]] | 1975 | Any mask or clothing that obstructs identification<ref name="BBCItaly"/> | In public (unspecified)<ref name="BBCItaly"/> | Exceptions are allowed for a "justified cause"<ref name="BBCItaly"/> | There are disagreements whether one's religion is a "justified cause"<ref name="BBCItaly"/> |- | [[Netherlands]] | 2019 | Burqas, niqabs, motorcycle full face helmets, balaclavas<ref name="Rijksoverheid"/><ref name="Nu.nl"/> | Public transport, in buildings and associated yards of educational, governmental and healthcare institutions<ref name="Rijksoverheid"/> | Face covering for doing one's job or sport, for health or security, in healthcare residences<ref name="Rijksoverheid"/> | In force since 1 August 2019<ref>{{Cite news |url=https://www.trouw.nl/binnenland/wie-handhaaft-het-boerkaverbod-dat-eigenlijk-niet-zo-mag-heten~b520a875/ |title=Wie handhaaft het boerkaverbod? (dat eigenlijk niet zo mag heten) |author=Petra Vissers |work=[[Trouw]] |date=1 August 2019 |accessdate=1 August 2019 |language=nl}}</ref> |- | [[Latvia]] | 2016 | Hoods, masks, burqas, niqabs or objects to cover one's face | Public places<ref>[https://www.independent.co.uk/news/islamic-muslim-face-veil-niqab-burqa-banned-latvia-despite-being-worn-by-just-three-women-entire-a6993991.html Independent.co.uk: Islamic face veil to be banned in Latvia despite being worn by just three women in entire country]</ref>{{needs update|date=July 2019}} | | Islamic face veil to be banned in Latvia{{needs update|date=July 2019}} |-[[Anti-mask laws#Europe]] | [[Norway]] | 1995 | Masks (unspecified)<ref name="Lovdata"/> | Public events such as demonstrations, marches, meetings, stands or similar<ref name="Lovdata"/> | | |- | [[Spain]] | 2013 | Face-coverings (unspecified)<ref name="mordaza"/> | Public demonstrations<ref name="mordaza"/> | | |- | [[Sweden]] | 2005 | Face-coverings (unspecified) that complicate identification<ref name="Lagen"/> | Public demonstrations where public order is or may be disturbed<ref name="Lagen"/> | Does not apply to religion-motivated face-coverings, or when demonstrators are authorised to cover their faces<ref name="Lagen"/> | |} === Austria === In Austria since 2002 masking ban on demonstrations under § 9 of the Assembly Law (Versammlungsgesetz). Violation of the ban need not be prosecuted if the mask does not threaten public order and security. Violation of the ban entails, according to § 19a.b of the Law, imprisonment up to six months, repeated offenses one year or a fine. Parliament approved new legislation on 16 May 2017, which stipulates that people who wear clothing that covers their faces, such as burqas, niqabs, full face helmets or scarves (motorcyclists) etc. in places like universities, public transportation or courthouses will face fines of 150 euros (about $167). The measure took effect in October 2017.<ref name="Bilefsky">{{Cite news |url=https://www.nytimes.com/2017/05/17/world/europe/austria-veil-ban-muslim.html |title=Austrian Parliament Bans Full Facial Veils in Public |author=Dan Bilefsky and Victor Homola |work=The New York Times |date=17 May 2017 |accessdate=27 June 2018}}</ref><ref name="Noack">{{Cite news |url=https://www.washingtonpost.com/news/worldviews/wp/2017/10/09/austria-wanted-to-ban-burqas-now-it-also-fines-mascots-and-stops-cyclists-who-wear-scarves/? |title=Austria's new anti-burqa law isn't quite working as intended |author=Rick Noack |work=The Washington Post |date=9 October 2017 |accessdate=27 June 2018}}</ref> Shortly after the enactment on 1 October 2017, there were some incidents in which people were incorrectly fined by the police, leading some commentators to point out flaws in the law, or incorrect understanding of it amongst the police.<ref name="Noack"/> === Belgium === A Belgian law adopted in June 2011 prohibits appearing in public "with a face masked or hidden, in whole or in part, in such a way as to be unidentifiable". Violations can result in fines and up to seven days in jail. On 11 July 2017 the ban in Belgium was upheld by the [[European Court of Human Rights]] (ECHR) after having been challenged by two Muslim women who claimed their rights had been infringed.<ref name="Belgium17">{{Cite web |url=http://english.alarabiya.net/en/News/world/2017/07/11/Top-Europe-court-upholds-ban-on-full-face-veil-in-Belgium-.html|title=Top Europe court upholds ban on full-face veil in Belgium |work=Al-Arabiyya English |date=11 July 2017|access-date=11 July 2017|url-status=live|archive-url=https://web.archive.org/web/20170713141738/http://english.alarabiya.net/en/News/world/2017/07/11/Top-Europe-court-upholds-ban-on-full-face-veil-in-Belgium-.html|archive-date=13 July 2017|df=dmy-all}}</ref> === Denmark === Wearing masks during assemblies in a public place is illegal in Denmark.<ref name="GreenLeft Weekly">{{cite web|url=https://www.greenleft.org.au/node/43081 |title=Denmark: Police brutalise climate protesters |work=Green Left Weekly |date=2010-01-23 |accessdate=2014-02-16}}</ref> The Danish penal code (Straffeloven) § 134 b, which was inserted with effect from 3 June 2000, makes the violation punishable by a fine or up to six months imprisonment. Part 2 of § 134 b further criminalizes the possession of effects which must be viewed as intended to be used for masking in an assembly. The §134 b, part 3, exempts from penalty masking which is done to protect one's face against the weather.<ref name="Maskeringsforbud">{{Cite web |url=https://www.retsinformation.dk/Forms/R0710.aspx?id=832 |title=LOV nr 440 af 31/05/2000 om ændring af straffeloven (Maskeringsforbud) |work=retsinformation.dk |publisher=Civilstyrelsen |accessdate=27 June 2018 |language=da}}</ref> The ban does not apply in [[Greenland]] or the [[Faroe Islands]].<ref name="Maskeringsforbud"/> === France === The [[French ban on face covering]] is an act of parliament passed by the Senate of France on 14 September 2010, resulting in the ban on the wearing of face-covering headgear, including masks, helmets, balaclava, niqābs and other veils covering the face in public places, except under specified circumstances. === Germany === Since 1985, according to § 17a Abs. 2 Versammlungsgesetz it is prohibited to disguise one's identity in public meetings such as demonstrations so as to prevent identification by police. This violation can be fined with imprisonment up to one year.<ref name="Dejure">{{cite web|url=http://dejure.org/gesetze/VersG/17a.html |title=§ 17a VersG |publisher=dejure.org |accessdate=2014-02-16}}</ref> === Italy === In Italy, a law issued in 1975 strictly forbids wearing of any attire that could hide the face of a person. Penalties (fines and imprisonment) are provided for such behaviour. The original purpose of the anti-mask law was to prevent crime or terrorism. The law allows for exemptions for a "justified cause", which has sometimes been interpreted by courts as including religious reasons for wearing a veil, but others –including local governments– disagree and claim religion is not a "justified cause" in this context.<ref name="BBCItaly">{{Cite news |url=http://news.bbc.co.uk/2/hi/8658017.stm |title=Police stop Muslim woman wearing veil in Italy |work=BBC News |date=3 May 2010 |accessdate=27 June 2018}}</ref> === Latvia === In Latvia, a law issued in 2016 to ban niqab and burqa in entire country was passed by Latvian parliament.<ref>{{cite news|url=https://www.independent.co.uk/news/islamic-muslim-face-veil-niqab-burqa-banned-latvia-despite-being-worn-by-just-three-women-entire-a6993991.html |work=The Independent |title=Islamic face veil to be banned in Latvia despite being worn by just three women in entire country |first=Rachael |last=Pells |date=21 April 2016 |access-date=12 November 2019}}</ref> === Netherlands === In the Netherlands, a first attempt towards a partial prohibition on face covering was made from 2012 to 2015, but the bill was struck down. A new attempt was made in the years after when a new bill was submitted on 27 November 2015. Eventually a limited anti-mask law was passed on 26 June 2018. The law is called ''Instelling van een gedeeltelijk verbod op het dragen van gezichtsbedekkende kleding in het onderwijs, het openbaar vervoer, overheidsgebouwen en de zorg (Wet gedeeltelijk verbod gezichtsbedekkende kleding)'' ("Introduction of a partial ban on the wearing of face-covering clothing in education, public transport, governmental buildings and healthcare (Partial Face-Covering Clothing Ban Act)"). It is illegal to wear clothing which covers the entire face, or covered up to the point where only the eyes are uncovered, or renders the face unrecognisable, on public transport and in buildings and associated yards of educational institutions, governmental institutions and healthcare institutions. Frequently cited examples are a [[Motorcycle helmet|full face helmet]], a [[Balaclava (clothing)|balaclava]], a [[burqa]] or a [[niqāb]]. Clothes exempt from the Act are: * those worn by clients, patients or their visitors in residential parts of healthcare institutions; * those necessary for the protection of the body in relation to health or security; * those necessary in relation to the requirements made to the performance of a profession or sport. As of June 1, 2020, mask will be required to be worn on public transportation.<ref name="amsterdamshallowman.com">{{Cite web|url=https://amsterdamshallowman.com/2020/05/face-masks-to-be-compulsory-on-public-transport-in-the-netherlands.html|title=Face Masks to Be Compulsory on Public Transport in the Netherlands}}</ref> On 26 June 2018, the bill was passed in the [[Senate (Netherlands)|Dutch Senate]].<ref name="Nu.nl">{{Cite news |url=https://www.nu.nl/politiek/5332217/eerste-kamer-stemt-in-met-boerkaverbod.html |title=Eerste Kamer stemt in met 'boerkaverbod' |work=nu.nl |date=26 June 2018 |accessdate=26 June 2018 |language=nl}}</ref><ref>{{Cite web |url=https://www.eerstekamer.nl/wetsvoorstel/34349_wet_gedeeltelijk_verbod |title=Wet gedeeltelijk verbod gezichtsbedekkende kleding |publisher=Dutch Senate |accessdate=27 June 2018 |language=nl}}</ref><ref name="Rijksoverheid">{{Cite web |url=https://www.rijksoverheid.nl/actueel/nieuws/2018/06/26/gedeeltelijk-verbod-gezichtsbedekkende-kleding |title=Gedeeltelijk verbod gezichtsbedekkende kleding |publisher=Rijksoverheid |date=26 June 2018 |accessdate=27 June 2018 |language=nl}}</ref> === Norway === Concealment of faces in public is legal in Norway, except when taking part in a public event. Exempted from the prohibition of concealment in public events are participants in theatre, masquerade or similar. In accordance with the Norwegian police law, violation is punishable by a fine or up to three months imprisonment.<ref name="Lovdata">{{Cite web |url=https://lovdata.no/dokument/NL/lov/1995-08-04-53 |title=LOV-1995-08-04-53, Lov om politiet (politiloven). |work=Lovdata |publisher=Government of Norway |accessdate=27 June 2018}}</ref> === Russia === According to a Russian federal law "On assemblies, meetings, demonstrations, marches and picketing", Article 6 as of June 2012:<ref>{{Cite book|url=https://www.legislationline.org/download/action/download/id/6993/file/Russia_FedLaw_on_Rallies__Meetings_2004_am2012_en.pdf|title=Federal Law on Assemblies, Meetings, Demonstrations, Marches and Picketing No. 54-FZ OF 19 June 2004 of the Russian Federation* as amended by Federal Law No. 65-FZ of 8 June 2012 (*Unofficial)|publisher=Council of Europe, European Commission for Democracy through Law (Venice Commission)|year=2012|location=Strasbourg|pages=6}}</ref><ref>{{Cite web|url=http://www.consultant.ru/document/cons_doc_LAW_169459/?frame=1%7CFederal|script-title=ru:Федеральный закон "О собраниях, митингах, демонстрациях, шествиях и пикетированиях" от 19.06.2004 N 54-ФЗ (последняя редакция)|website=www.consultant.ru|publisher=Консультант}}</ref><ref>{{Cite web|url=https://rg.ru/2004/06/23/miting-dok.html|script-title=ru:Закон о собраниях, митингах, демонстрациях, шествиях и пикетированиях|website=Российская газета|language=ru|access-date=2019-02-18}}</ref> * it is prohibited to wear masks and "any other means of hiding identity during public events; * the organizer of an event must require all the people taking part not to use any means of hiding identity. The punishment for the violation of the given law was introduced in July 2014 and is provided by the [[Code of the Russian Federation on Administrative Offenses|federal code on administrative offences]].<ref>{{Cite web|url=https://tass.ru/politika/1298092| script-title=ru:Госдума ввела тюремные сроки до пяти лет за неоднократные нарушения на митингах|website=ТАСС|access-date=2019-02-18}}</ref><ref>{{Cite web|url=http://legalacts.ru/kodeks/KOAP-RF/razdel-ii/glava-20/statja-20.2/| script-title=ru:КоАП РФ Ст. 20.2. Нарушение установленного порядка организации либо проведения собрания, митинга, демонстрации, шествия или пикетирования|website=legalacts.ru|access-date=2019-02-18}}</ref> === Spain === According to the November 2013 ''[[Citizens' Security Law]]'' ({{lang|es|[[:es:Ley mordaza|Ley mordaza]]}}), demonstration protesters who cover their faces may be fined up to [[€]]30,000.<ref name="mordaza">{{cite web| url= https://www.reuters.com/article/2013/11/29/us-spain-security-idUSBRE9AS0MX20131129|title= Spain's anti-protest bill criticized as anti-democratic| publisher= Reuters| accessdate= 2014-02-16}}</ref> === Sweden === According to the 2005 'Law on the Prohibition of masking in some cases', it is prohibited for participants in the demonstration to fully or partially cover the face in a way that complicates identification. This prohibition applies only if there are disturbances of public order at demonstrations, or if there is an immediate danger of such disturbances. The ban does not apply to the covering of the face for religious reasons. It also does not apply to the extent participants are authorized (under 2 Ch. 7 a § Order Act) to fully or partially cover the face.<ref name="Lagen">{{cite web|url=https://lagen.nu/2005:900 |title=Lag (2005:900) om förbud mot maskering i vissa fall |publisher=Lagen.nu |date=2006-01-01 |accessdate=2014-02-16}}</ref> === Switzerland === In the cantons of Basel-Stadt (1990), Zurich (1995), Bern (1999), Lucerne (2004), Thurgau (2004), Solothurn (2006) and St. Gallen (2009), there are laws banning use of masks.{{Citation needed|date=June 2018}} === Ukraine === Several days after [[Berkut (Ukraine)|Berkut]] riot police clashed with [[Euromaidan]] protesters, [[Verkhovna Rada]] enacted law 721-VII banning wearing masks, helmets or camouflage clothing by people taking part in a gathering, assembly, demonstration, protest, rally or other mass event. Fines for violating are monetary up to about $400 or administrative arrest up to 15 days.<ref>{{cite web |url=http://un.ua/eng/article/486104.html |work=Ukrainian News |title=Parliament Bans Wearing Masks, Helmets, Camouflage Clothing At Mass Rallies |publisher=Un.ua |date=2014-01-17 |accessdate=2014-02-16 |archive-url=https://web.archive.org/web/20140228233823/http://un.ua/eng/article/486104.html |archive-date=2014-02-28 |url-status=dead }}</ref> The law was repealed in January 2014.<ref>{{cite web |url=http://mignews.com.ua/ru/articles/154158.html |script-title=ru:Верховная Рада отменила "скандальные" законы – В Украине |publisher=MIGnews.com.ua |date=2014-01-28 |accessdate=2014-02-16}}</ref><ref>{{Cite news |url=https://www.nytimes.com/2014/01/29/world/europe/ukraine-prime-minister-resign.html?_r=0 |title=Ukrainian Prime Minister Resigns as Parliament Repeals Restrictive Laws |last=Kramer |first=Andrew E. |date=January 28, 2014 |work=[[The New York Times]] |access-date=2018-07-13 |language=en}}</ref><ref>{{cite web|last=Flanagan |first=Ed |url=http://worldnews.nbcnews.com/_news/2014/01/28/22478912-ukraine-anti-protest-laws-repealed-pm-offers-to-resign |title=Ukraine anti-protest laws repealed; PM resigns |work=NBC News|date=2014-01-28 |accessdate=2014-02-16}}</ref> === United Kingdom === For a century, covering or blacking one's face was a criminal act that could lead to the death penalty; the [[Black Act 1723|Black Act]] was repealed in 1823. == Asia-Pacific == === Australia === It is legal to wear a mask in public in [[Australia]]. Bikies (Australian slang for motorcyclists) are generally required to remove their helmets when entering a bank. A judge in [[New South Wales]] has ruled that a woman cannot give evidence in a [[niqāb]].<ref>https://www.theguardian.com/australia-news/2016/dec/01/woman-cannot-give-evidence-in-a-niqab-australian-court-rules</ref> A Victorian judge extended the ban to wearing a niqāb in the public gallery.<ref>https://www.theguardian.com/australia-news/2018/jul/18/victorian-judge-bans-niqab-in-courts-public-gallery</ref> * In 2016, police in [[Victoria (Australia)|Victoria]] petitioned the government to make it illegal to wear a mask in public unless a person has a valid reason for doing so. This was in the context of alleged violent street demonstrations.<ref>{{Cite news |url=http://www.heraldsun.com.au/news/law-order/wearing-a-mask-while-protesting-may-soon-be-illegal-following-violent-brawl/news-story/e16436faef8c95f1715a4977ac0fccbf?nk=ef5d630675fec993ed86fdb22bc2f981-1485184012|title=Wearing a mask while protesting may soon be illegal following violent brawl|date=2016-04-04|access-date=2017-01-23}}</ref> * [[New South Wales]] police can require a motorist to remove head coverings, including masks, for identification purposes.<ref>{{Cite news|url=http://www.smh.com.au/nsw/police-given-broad-powers-to-remove-facial-coverings-20110704-1gzer.html|title=Police given broad powers to remove facial coverings|last=Corderoy|first=Amy|newspaper=The Sydney Morning Herald|language=en-US|access-date=2017-01-23}}</ref> === Hong Kong === {{Main|Prohibition on Face Covering Regulation}} [[File:2019-09-29 全球反極權大遊行 Anti-totalitarianism rally (Hong Kong) 020.jpg|thumb|On 4 October 2019, the HKSAR Government invoked the Emergency Regulations Ordinance to implement an anti-mask law in response to the ongoing protest]] On 4 October 2019, the [[Government of Hong Kong]] invoked the rarely used colonial-era [[Emergency Regulations Ordinance]] to implement the Prohibition on Face Covering Regulation (PFCR), an anti-mask law<ref>[https://www.elegislation.gov.hk/hk/cap241k Prohibition on Face Covering Regulation], elegislation.gov.hk</ref> in response to the [[2019–20 Hong Kong protests|ongoing protest that year]]. The law bans protesters from covering their faces whether in full or partially during protests, including at rallies given a "Letter of No Objection" under the [[Public Order Ordinance]].<ref>{{cite news|url=https://www.hongkongfp.com/2019/10/04/breaking-hong-kong-officially-enacts-emergency-laws-ban-masks-protests-ngos-criticise-draconian-measure/|title=Hong Kong officially enacts emergency laws to ban masks at protests as NGOs criticise 'draconian' measure|publisher=Hong Kong Free Press|date= 4 October 2019|accessdate= 4 October 2019}}</ref> Anyone who wears a [[mask]] at a lawful rally or march, unlawful or unauthorised assembly, or during a riot could be sentenced to up to a year in jail and a fine of HK$25,000. Exemptions include those at protests wearing masks for professional or paid work, or for religious or medical reasons. In addition, the law states that anyone who disobeys a police order to remove a mask could be sentenced to six months in jail and a HK$10,000 fine. [[Body painting#Face painting|Paint]] is also included in the definition of "face-covering". The legislation went into effect from midnight on 5 October until further notice, and the Hong Kong High Court refused to rule out an interim injunction order but the court will later decide whether to allow a judicial review into the invocation of the Emergency Regulations Ordinance.<ref>{{cite news |url=https://www.bbc.com/news/world-asia-china-49949548 |title=Hong Kong protest march descends into violence |work=BBC News |date=6 October 2019}}</ref><ref>{{Cite web|url=https://news.rthk.hk/rthk/en/component/k2/1484562-20191006.htm?spTabChangeable=0|title=High Court again refuses injunction over mask ban |work=RTHK|language=en-gb|access-date=2019-10-08}}</ref> In response to the government’s implementation of the law, netizens widely shared a speech by [[Edward Leung]] in a televised debate during the [[2016 Hong Kong legislative election|2016 Legco election]], “A few years ago, Ukraine passed an anti-mask law. Do you know what happened in Ukraine? A revolution started in Ukraine. You want to do it? Do it, we will fight till the end.”<ref>{{cite news |last1=Cheng |first1=Kris |title=Crowdfunding campaign for jailed activist Edward Leung's appeal surpasses HK$350,000 goal within 15 minutes |url=https://www.hongkongfp.com/2019/10/05/crowdfunding-campaign-jailed-activist-edward-leungs-appeal-surpasses-hk350000-goal-within-15-minutes/ |accessdate=22 November 2019 |work=Hong Kong Free Press HKFP |date=5 October 2019}}</ref> ====Judicial review==== On 18 November 2019, the [[High Court (Hong Kong)|High Court]] ruled s3(1)(b), (c), (d) and s5 of the PFCR failed the [[Proportionality (law)|proportionality test]] as they placed restrictions on fundamental rights beyond intended goals. The judgement levelled criticism at various aspects including: the lack of a declared [[state of emergency]] to justify invoking the ERO, the law applies to both unlawful and lawful gatherings, the lack of a mechanism to distinguish the two, and the unwarranted breadth of the 'stop and unmask' power granted to police. The court also ruled that the ERO sections empowering the Chief-Executive-in Council to make laws "on any occasion of public danger" is incompatible with multiple articles of the Hong Kong Basic Law, however, constitutional status is open to question. The court also held the ordinance meets the "prescribed by law" requirement.<ref>{{Cite web|url=https://www.hklii.hk/eng/hk/cases/hkcfi/2019/2820.html|title=KWOK WING HANG AND OTHERS v. CHIEF EXECUTIVE IN COUNCIL AND ANOTHER [2019] HKCFI 2820; HCAL 2945/2019 (18 November 2019)|website=www.hklii.hk|access-date=2019-11-20}}</ref> In response, the government said that it would stop enforcing the ban for the time being.<ref>[https://www.hongkongfp.com/2019/11/18/breaking-hong-kongs-high-court-rules-anti-mask-law-unconstitutional/ Hong Kong’s High Court rules anti-mask law unconstitutional], [[Hong Kong Free Press|HKFP]], 18 Nov 2019</ref><ref>[https://news.rthk.hk/rthk/en/component/k2/1492996-20191118.htm People free to wear masks again: govt], [[RTHK]], 18 Nov 2019</ref><ref>[https://www.scmp.com/comment/opinion/article/3038295/ban-masks-must-follow-legal-process Ban on masks must follow legal process], SCMP, 18 Nov 2019</ref> A spokesman from the Chinese legislative affairs commission, however, stated that "Whether the laws of the Hong Kong Special Administrative Region comply with the Basic Law of Hong Kong can only be judged and decided by the standing committee of the [[National People’s Congress]]".<ref>{{cite news |date=19 November 2019|title= Hong Kong courts have no power to rule on face mask ban, says China|url= https://www.theguardian.com/world/2019/nov/19/hong-kong-courts-cant-rule-on-face-masks-says-china-constitution-basic-law|work=The Guardian|access-date=22 November 2019}}</ref> On 22 November 2019, the High Court made the following remark: ''"Nevertheless, we recognise that our Judgment is only a judgment at first instance, and will soon be subject to an appeal to the Court of Appeal. In view of the great public importance of the issues raised in this case, and the highly exceptional circumstances that Hong Kong is currently facing, we consider it right that we should grant a short interim suspension order so that the respondents may have an opportunity to apply to the Court of Appeal, if so advised, for such interim relief as may be appropriate. Accordingly, we shall grant an interim temporary suspension order to postpone the coming into operation of the declarations of invalidity for a period of 7 days up to the end of 29 November 2019, with liberty to apply."''<ref>{{Cite web|url=https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=125575&currpage=T|title=KWOK WING HANG AND OTHERS v. CHIEF EXECUTIVE IN COUNCIL AND ANOTHER [2019] HKCFI 2820; HCAL 2945/2019 (22 November 2019) para 38|website=legalref.judiciary.hk|access-date=2019-11-23}}</ref><ref>{{Cite web|url=https://www.hklii.hk/cgi-bin/sinodisp/eng/hk/cases/hkcfi/2019/2884.html|title=KWOK WING HANG AND OTHERS v. CHIEF EXECUTIVE IN COUNCIL AND ANOTHER [2019] HKCFI 2884; HCAL 2945/2019 (22 November 2019)|website=www.hklii.hk|access-date=2019-11-27}}</ref> On 26 November 2019, the High Court announced hearing for the government appeal against the judgement is on 9 January 2020.<ref>{{Cite web|url=http://www.thestandard.com.hk/breaking-news.php?id=137669&story_id=137669&d_str=20191126&sid=4|title=Anti-mask ruling appeal set for January|last=Standard|first=The|website=The Standard|language=en|access-date=2019-11-26}}</ref> On 27 November 2019, the Court of Appeal extended the interim suspension of the judgment until 10 December 2019.<ref>{{Cite web|url=https://news.rthk.hk/rthk/en/component/k2/1494828-20191127.htm?|title=Court extends anti-mask law suspension, say pan-dems - RTHK|website=news.rthk.hk|language=en-gb|access-date=2019-11-27}}</ref><ref>{{Cite web|url=https://www.scmp.com/news/hong-kong/law-and-crime/article/3039657/hong-kong-government-gets-more-time-prepare-case|title=Ruling that Hong Kong mask ban is invalid suspended until December 10|date=2019-11-27|website=South China Morning Post|language=en|access-date=2019-11-28}}</ref> On 10 December 2019, the Court of Appeal refused to suspend the "unconstitutional" ruling by the Court of First Instance on the anti-mask regulation. As scheduled, a full hearing will commence on 9 January 2020.<ref>{{Cite web|url=https://www.scmp.com/news/hong-kong/law-and-crime/article/3041440/hong-kong-mask-ban-court-refuses-government-request|title=Hong Kong court lifts mask ban, refusing government request to suspend earlier ruling|date=2019-12-10|website=South China Morning Post|language=en|access-date=2019-12-10}}</ref><ref>{{Cite web|url=https://news.rthk.hk/rthk/en/component/k2/1496937-20191210.htm?|title=Court deals govt blow over mask ban ruling - RTHK|website=news.rthk.hk|language=en-gb|access-date=2019-12-10}}</ref><ref>{{Cite web|url=http://www.thestandard.com.hk/breaking-news.php?id=138269&sid=4|title=Court of Appeal rejects mask ban ruling suspension|last=Standard|first=The|website=The Standard|language=en|access-date=2019-12-10}}</ref> ==See also== * {{format link|Niqāb#Enforcement, encouragement and bans}} * [[Zentai]] ==References== {{reflist|30em}} [[Category:Activism by type]] [[Category:Canadian criminal law]] [[Category:Civil disobedience]] [[Category:Freedom of speech in the United States]] [[Category:History of civil rights in the United States]] [[Category:Ku Klux Klan]] [[Category:Masks in law]] [[Category:Occupy movement]] [[Category:United States criminal law]]'