NCJ Number
201401
Date Published
March 2003
Length
7 pages
Annotation
This text of the Protocol that supplements the European Union's Convention on Cybercrime focuses on member states' criminalization of acts of a racist and xenophobic (fear and hate toward foreigners) nature committed through computer systems.
Abstract
The Protocol defines "racist and xenophobic material" as any written material, any image, or any other representation of ideas or theories that advocates, promotes, or incites hatred, discrimination, or violence against any individual or group of individuals, based on race color, descent, or national or ethnic origin, as well as religion if used as a pretext for any of these factors. Regarding the dissemination of racist and xenophobic material through computer systems, the Protocol mandates that each party adopt such legislative and other measures as may be necessary to establish as criminal offenses under its domestic law, when committed intentionally and without right, specified conduct. The conduct specified includes distributing, or otherwise making available, racist and xenophobic material to the public through a computer system; threatening, through a computer system, to commit a serious criminal offense, as defined under domestic law, against persons because of their race or ethnic origin; insulting persons publicly, through a computer system, because of their race or ethnic origin; and distributing, through a computer system to the public, material which denies, grossly minimizes, approves, or justifies acts of genocide or crimes against humanity as defined by international law. Other provisions of the Protocol pertain to procedures involved in its implementation.