Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems is an additional protocol to the
Council of Europe Convention on Cybercrime. This additional protocol was the subject of negotiations in late 2001 and early 2002. Final text of this protocol was adopted by the
Council of Europe Committee of Ministers on 7 November 2002
under the title "''Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems'', ("Protocol"). The Protocol opened on 28 January 2003 and entry into force is 1 March 2006. As of July 2017, 29 States have ratified the Protocol and a further 13 have signed the Protocol but have not yet followed with ratification.
[APCoc Treaty open for signature by the States which have signed the Treaty ETS 185.]
on the Council of Europe web site
The Protocol requires participating States to criminalize the dissemination of
racist and
xenophobic
Xenophobia () is the fear or dislike of anything which is perceived as being foreign or strange. It is an expression of perceived conflict between an in-group and out-group and may manifest in suspicion by the one of the other's activities, a ...
material through computer systems, as well as of racist and xenophobic-motivated threats and insults. Article 6, Section 1 of the Protocol specifically covers the denial of
the Holocaust
The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; ...
and other genocides recognized as such by other international courts set up since 1945 by relevant international legal instruments. Section 2 of Article 6 allows a Party to the Protocol at their discretion only to prosecute if the offense is committed with the intent to
incite hatred, discrimination or violence; or to make use of a reservation, by allowing a Party not to apply – in whole or in part – Article 6.
[Explanatory Report on the additional protocol to the convention on cybercrime](_blank)
/ref>
The Council of Europe ''Explanatory Report'' of the Protocol states the "European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
has made it clear that the denial or revision of 'clearly established historical facts – such as the Holocaust – ... would be removed from the protection of Article 10 by Article 17' of the ECHR (see in this context the Lehideux and Isorni judgment of 23 September 1998)".
Two of the English speaking states in Europe, Ireland and the United Kingdom, have not signed the additional protocol, (the third, Malta, signed on 28 January 2003, but has not yet ratified it). On 8 July 2005 Canada became the first non-European state to sign the convention. The United States government does not believe that the final version of the Protocol is consistent with the United States' constitutional guarantees and has informed the Council of Europe that the United States will not become a Party to the protocol.[
]
References
{{DEFAULTSORT:Additional Protocol to the Convention on Cybercrime
Cybercrime
Computer law treaties
International criminal law treaties
Laws criminalizing Holocaust denial
Anti-racism in Europe
Xenophobia
Council of Europe treaties
Treaties concluded in 2003
Treaties entered into force in 2006
Treaties of Albania
Treaties of Armenia
Treaties of Bosnia and Herzegovina
Treaties of Croatia
Treaties of Cyprus
Treaties of the Czech Republic
Treaties of Denmark
Treaties of Finland
Treaties of France
Treaties of Germany
Treaties of Greece
Treaties of Latvia
Treaties of Lithuania
Treaties of North Macedonia
Treaties of Monaco
Treaties of Montenegro
Treaties of the Netherlands
Treaties of Norway
Treaties of Portugal
Treaties of Romania
Treaties of Senegal
Treaties of Serbia
Treaties of Slovenia
Treaties of Spain
Treaties of Ukraine
2003 in France