The website www.fatwaislam.com publishes a ruling ("fatwa") on those, who deem the Sharia in need of review, by citing the prophet with the words "whoever changes his religion is to be killed" (cf: http://www.fatwaislam.com/fis/index.cfm?scn=fd&ID=492) .
As this text misses an explanation, that this is an ancient text and does not apply nowadays, as well as any other kind of corrective statement, this must be regarded hate speech according to Art 1 (1) (a) of the Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law, which reads as follows:
1. Each Member State shall take the measures necessary to ensure that the following intentional conduct is punishable:
(a) publicly inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin
People, who believe in a modern / liberal Islam are
- a group of persons defined by religion according to Art 1 (1) (a) of the Council Framework Decision 2008/913/JHA;
- therefore protected against hate speech, i.e. publicly inciting to violence or hatred directed against them.
According to our Proposal for an Anti-Extremism-Directive such is subject to administrative fines up to 20 Mio. EUR (Art 17 (4) of the Proposal for an Anti-Extremism-Directive).