The Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems was opened for signature in Strasbourg, France, on 28 January 2003. 

In the light of its 20th anniversary, a study was prepared to facilitate implementation and increased membership in this Protocol. 

The study underlines the relevance of this Protocol given increasing hate speech and hate crime online; documents goods practices by Parties to this Protocol and other States; explains key issues and concepts; promotes synergies between this Protocol and related instruments, tools and initiatives; and concludes with a set of recommendations. 

It was prepared by the Octopus Project and co-authored by Alexander Brown (University of East Anglia, United Kingdom). It reflects primarily the experience of Brazil, France, Germany, Norway, Serbia, Slovakia and Spain that contributed to it.  

The First Protocol, stressing the need to ensure a proper balance between the freedom of expression and an effective fight against acts of a racist and xenophobic nature, requires its Parties to criminalise online xenophobia and racism by taking into consideration established principles relating to the freedom of expression under domestic law, giving flexibility to Parties to address certain types of conduct through criminal law or other means. 

By 1 December 2023, 35 Parties to the Convention on Cybercrime were also Parties to this First Protocol and a further ten had signed it. 

 Read the study: Implementing the First Protocol to the Convention on Cybercrime on Xenophobia and Racism: Good practice study

 Octopus Project (dedicated webpage)

 First Additional Protocol to the Convention on Cybercrime (dedicated webpage, including 20th anniversary)