Protocol on Xenophobia and Racism Flashcards
What is the purpose of the Additional Protocol to the Convention on Cybercrime?
The purpose of the Additional Protocol to the Convention on Cybercrime is to strengthen international legal measures against the dissemination of racist and xenophobic content online. It aims to harmonize laws among countries, ensuring that acts of racism and xenophobia committed through computer systems are criminalized and subject to legal action. By supplementing the Convention on Cybercrime, this protocol seeks to provide a coordinated response to digital hate speech and discrimination.
When and where was the Additional Protocol adopted?
The Additional Protocol was adopted in Strasbourg, France, on January 28, 2003. This date marks the formal agreement among member states of the Council of Europe to take unified action against online racism and xenophobia by making such acts punishable under domestic laws.
What is ‘racist and xenophobic material’ as defined in the Protocol?
‘Racist and xenophobic material’ is defined in the Protocol as any written text, image, or other representation of ideas or theories that advocate, promote, or incite hatred, discrimination, or violence against individuals or groups based on race, color, descent, or national or ethnic origin. Additionally, it includes religious discrimination if religion is used as a pretext for racist or xenophobic actions.
What act does Article 3 criminalize?
Article 3 criminalizes the dissemination of racist and xenophobic material through computer systems. This means that distributing, posting, or otherwise making such material publicly available via digital platforms is considered a criminal offense under the Protocol. Countries must enact laws ensuring that individuals engaging in these activities face legal consequences.
What act does Article 4 criminalize?
Article 4 addresses threats made with racist and xenophobic intent through computer systems. This includes any instance where individuals or groups are threatened with serious crimes because of their race, ethnicity, national origin, or religion (if used as a pretext for discrimination). Such threats can create an environment of fear and contribute to societal divisions.
What act does Article 5 criminalize?
Article 5 criminalizes public insults made through computer systems that target individuals or groups based on race, ethnicity, national origin, or religion (if used as a pretext). This includes derogatory language, slurs, or statements intended to demean or dehumanize specific populations. However, some countries may choose to apply this only if the insults expose individuals to hatred, contempt, or ridicule.
What does Article 6 criminalize?
Article 6 focuses on the denial, gross minimization, approval, or justification of genocide or crimes against humanity. This includes making such statements publicly through digital platforms, especially when such acts are recognized as genocide by international courts. Some countries may require proof that the denial was made with intent to incite hatred or violence.
What does Article 7 criminalize?
Article 7 criminalizes aiding and abetting offenses outlined in the Protocol. This means that individuals who assist or encourage others in committing acts of online racism, xenophobia, or the dissemination of hateful material can also face legal consequences under domestic law.
What is the relationship between this Protocol and the Convention on Cybercrime?
The Protocol serves as an extension of the Convention on Cybercrime by specifically addressing racist and xenophobic offenses committed through computer systems. While the Convention provides a framework for addressing cybercrime in general, the Protocol ensures that digital hate speech and discrimination are explicitly covered within international legal cooperation efforts.
How does the Protocol enter into force?
For the Protocol to enter into force, at least five states must express their consent to be bound by its provisions. Once this threshold is met, the Protocol takes effect on the first day of the month following a three-month waiting period. Any additional states that later agree to the Protocol will have it come into effect for them three months after their formal consent.
What flexibility do countries have in implementing Article 3?
Countries have some flexibility when implementing Article 3. They may choose not to criminalize material that promotes discrimination but does not incite hatred or violence, as long as alternative legal remedies are available to address such cases. This allows nations to balance freedom of expression with the need to combat online discrimination.
What are reservations under Article 12?
Under Article 12, countries can make reservations when signing or ratifying the Protocol, meaning they can opt out of certain provisions if their national legal framework does not align with specific requirements. However, they must notify the Secretary General of the Council of Europe about such reservations, and they are encouraged to withdraw them when possible.
How can a state withdraw from the Protocol?
A state can withdraw from the Protocol at any time by sending a formal notification to the Secretary General of the Council of Europe. The withdrawal takes effect three months after the notification is received. This allows states to reconsider their participation if they believe the Protocol no longer aligns with their legal or political priorities.
