Some 110 experts on cybercrime and hate speech from over 45 countries – including from public and private sectors, academia and civil society organisations – participated in the International Conference on xenophobia and racism committed through computer systems at the Council of Europe in Strasbourg, France, and online from 30 to 31 January 2023.
The conference was held on the occasion of the 20th Anniversary of the first “Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS 189)”.
The event was organised in co-operation with the Icelandic Presidency of the Committee of Ministers of the Council of Europe and opened by Ambassador Ragnhildur Arnljótsdóttir (Permanent Representative of Iceland to the Council of Europe), and Patrick Penninckx (Head of the Information Society Department, Council of Europe).
"The increased use of digital technologies - has led to more cases of incitement to hatred- discrimination or violence against individuals or groups, based on their race - colour - descent or national or ethnic origin, or religion. The rise in criminal offences related to online xenophobia and racism demonstrates that the First Additional Protocol is still relevant 20 years after it was opened for signature. The First Protocol harmonises substantive criminal law related to racism and xenophobia online -and improves international co-operation in this area. - By joining the Protocol - a State may additionally benefit from the exchange of experiences between Parties” said Ambassador Ragnhildur Arnljótsdóttir.
The Russian aggression against Ukraine has also provided a fertile ground for online hate and propaganda that glorifies violence and justifies attacks, including on civilian infrastructure.
The First Additional Protocol in this sense has never been more relevant than today.
While the First Protocol focuses on substantive criminal law by requiring Parties to criminalise a number of acts of xenophobic and racist nature, the Budapest Convention on Cybercrime offers tools such as procedurals powers and international co-operation provisions to investigate these offences. The same is true for the Second Additional Protocol to the Convention on Cybercrime, opened for signature in May 2022, that further enhances co-operation and disclosure of electronic evidence.
States are therefore encouraged to join all three instruments. During the conference, Iceland deposited the instrument of ratification of the First Additional Protocol to become the 34th Party to this treaty.
As underlined at the Conference, countering online xenophobia and racism requires coordinated efforts from multiple stakeholders. While criminal law measures are an important part, non-criminal means should be explored. The Council of Europe Recommendation CM/Rec(2022)16 on combating hate speech (May 2022) provides a catalogue of such measures.
The recordings from this conference, as well as the various presentations, key messages and other resources are available on the dedicated webpage. The Cybercrime Programme Office of the Council of Europe will be offering further capacity building opportunities on the topic as part of its ongoing projects, with the next webinar scheduled to take place on 28 February 2023.
Council of Europe: First Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189) (Treaty Office webpage)
Council of Europe: First Additional Protocol to the Convention on Cybercrime (dedicated webpage)
Council of Europe: Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence
Council of Europe: International conference on xenophobia and racism committed through computer systems (dedicated webpage)
Council of Europe: Icelandic Presidency to the Committee of Ministers
Council of Europe: Digital Partnership
Council of Europe: Internet Governance
Council of Europe: Cyberviolence portal