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.