Additional protocol to the convention on cyber crime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems

Abstract

Many states have already criminalised certain acts related to racist or xenophobic content. However, the dissemination of such material through computer networks poses even greater challenges for law enforcement. It was thus necessary to adopt a co-ordinated approach which enables an effective domestic and international response, based on common elements to be included in an additional protocol to the convention. This protocol entails an extension of the cybercrime convention’s scope, including its substantive, procedural and international cooperation provisions, so as to cover also offences of racist or xenophobic propaganda. Thus, apart from harmonising the substantive law elements of such behaviour, the protocol aims at improving the ability of the parties to make use of the means and avenues of international cooperation set out in the convention in this area.