The terms of the draft protocol would make it an offence to, for
example, post a message on a web page which threatens a serious
criminal offence against a person or group of people for reason of
race, colour or religion. Wording has still to be added which will
determine whether or not the denial of the holocaust would amount
to an offence.
The Convention on Cybercrime, signed in November last year,
became the first international treaty on crimes committed via the
internet and other computer networks, dealing particularly with
infringements of copyright, computer-related fraud, child
pornography and violations of network security. It also contains a
series of more controversial powers and procedures such as the
search of computer networks and interception.
The Council of Europe has 43 Member States, many more than the
European Union with which it is often confused. Its members
developed the Convention over the past four years with the
co-operation of the US, Canada, Japan and other non-member
countries. To enter into force, the Convention requires
ratification by five states, including at least three Member States
of the Council of Europe. Ratification requires implementation of
the Convention’s principles into national laws.
The Convention will be supplemented by the protocol on racist
and xenophobic propaganda. However, the protocol is very unlikely
to win the support of the US because it conflicts with its
Constitutional principle of free speech.
