# Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems
Strasbourg, 28.I.2003
-Convention
-Explanatory Report
-Français
-
-Non-official translation :
-Português (TIF format)
-
The member States of the Council of Europe and the other States Parties to the Convention on Cybercrime, opened for signature in Budapest on 23 November 2001, signatory hereto;
Considering that the aim of the Council of Europe is to achieve a greater unity between its members;
"racist and xenophobic material" means any written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as a pretext for any of these factors.
+*Tiukasti lukien tuo kattaisi esimerkiksi kansalaisuuden myöntämisen vanhempien kansalaisuuden perusteella...*
+
2 The terms and expressions used in this Protocol shall be interpreted in the same manner as they are interpreted under the Convention.
Chapter II – Measures to be taken at national level
2 A Party may reserve the right not to attach criminal liability to conduct as defined by paragraph 1 of this article, where the material, as defined in Article 2, paragraph 1, advocates, promotes or incites discrimination that is not associated with hatred or violence, provided that other effective remedies are available.
+*Tässä siis rajaus koskee tietynlaista toimintaa (conduct), ei materiaalia itsessään, toisin kuin OM:n työryhmän esittämässä poikkeusmomentissa.*
+
3 Notwithstanding paragraph 2 of this article, a Party may reserve the right not to apply paragraph 1 to those cases of discrimination for which, due to established principles in its national legal system concerning freedom of expression, it cannot provide for effective remedies as referred to in the said paragraph 2.
+*Kunpa Suomessa olisikin tuollaisia vakiintuneita periaatteita... silti, tämä on periaatteessa oikein hyvä varauma joka on syytä tehdä - työryhmäkin sitä esittää.*
+
Article 4 – Racist and xenophobic motivated threat
1 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct:
threatening, through a computer system, with the commission of a serious criminal offence as defined under its domestic law, (i) persons for the reason that they belong to a group, distinguished by race, colour, descent or national or ethnic origin, as well as religion, if used as a pretext for any of these factors, or (ii) a group of persons which is distinguished by any of these characteristics.
+*Vakavalla rikoksella uhkaamisen kriminalisointi sinänsä on minusta OK, riippumatta siitä ketä uhataan.*
+
Article 5 – Racist and xenophobic motivated insult
1 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct:
insulting publicly, through a computer system, (i) persons for the reason that they belong to a group distinguished by race, colour, descent or national or ethnic origin, as well as religion, if used as a pretext for any of these factors; or (ii) a group of persons which is distinguished by any of these characteristics.
+*"insulting" on pelottavan väljä termi - mutta vrt. "loukkaava" Suomen nykyisessä laissa (kansanryhmää vastaan kiihottaminen)*
+
2 A Party may either:
a require that the offence referred to in paragraph 1 of this article has the effect that the person or group of persons referred to in paragraph 1 is exposed to hatred, contempt or ridicule; or
b reserve the right not to apply, in whole or in part, paragraph 1 of this article.
+*työryhmäkin esittää tämän varauman tekemistä - hyvä.*
+
Article 6 – Denial, gross minimisation, approval or justification of genocide or crimes against humanity
1 Each Party shall adopt such legislative measures as may be necessary to establish the following conduct as criminal offences under its domestic law, when committed intentionally and without right:
b reserve the right not to apply, in whole or in part, paragraph 1 of this article.
+*tämänkin varauman tekoa työryhmäkin ehdottaa.*
+
Article 7 – Aiding and abetting
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, aiding or abetting the commission of any of the offences established in accordance with this Protocol, with intent that such offence be committed.
projects / .git / blobdiff