ADDITIONAL PROTOCOL TO THE CONVENTION ON CYBER CRIME, CONCERNING THE CRIMINALIZATION OF ACTS OF A RACIST AND XENOPHOBIC NATURE COMMITTED THROUGH COMPUTER SYSTEMS ((ETS NO. 189)

The Council of Europe issued an additional protocol to the Convention on Cyber Crime, which was the first international treaty on crimes committed via the Internet and other computer networks. The protocol deals with the criminalization of acts of a racist or xenophobic nature committed through computer networks. Under the protocol, posting a message on a Web page which threatens a serious criminal offense against a person or group of people for reason of race, color or religion is an offense.

The following questions have been addressed in this article:

How is “racist and xenophobic material” defined in the protocol?
State the provisions of the protocol relating to dissemination of racist and xenophobic material through a computer system.
Is a racist and xenophobic motivated threat or insult that is transmitted through the computer system offense under the protocol?

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