Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2005-493 of 19 May 2005 authorizing approval Of the Convention on Cybercrime and the Additional Protocol to this Convention on the criminalisation of acts of a racist and xenophobic nature committed through computer systems;
Given the amended Decree No. 53-192 of 14 March 1953 on ratification And the publication of international commitments undertaken by France,
Décrète:
The Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of Racist and xenophobic nature committed through computer systems, done in Strasbourg on 28 January 2003, will be published in the Official Journal of the French Republic.
Prime Minister and Minister for Foreign Affairs shall be responsible for the execution of this Decree, each of which shall be published in the Official Journal of the French Republic.
P R O T O C O L E A D D I T I O N N E L
TO THE CONVENTION ON CYBERCRIMINALITY, IN THE MATTER OF THE INCRIMINATION OF RACIST AND XENNOPHOBE ACTES BY THE BIAS OF COMPUTER SYSTEMS
Member States of the Council of Europe and other States Parties to the Convention on Cybercrime, opened for signature in Budapest on 23 November 2001, signatories to this Protocol;
Considering that the aim of the Council of Europe is to achieve a closer union among its members;
Recalling that all human beings are born free and equal in dignity and rights;
Stressing the need to ensure the full and effective implementation of all human rights without distinction or discrimination, as stated In European instruments and other international instruments;
Convinced that acts of a racist and xenophobic nature constitute a violation of human rights, as well as a threat to the rule of law and democratic stability;
Considering that national law and international law require To provide an adequate legal response to racist and xenophobic propaganda disseminated through computer systems;
Conscious that propaganda of such acts is often criminalized by national laws;
Having regard to the Convention on Cybercrime, which provides for means Flexible and modern international cooperation, and convinced of the need to harmonise the fight against racist and xenophobic propaganda;
Conscious of the fact that computer systems offer an unprecedented means of facilitating Freedom of expression and communication around the world;
Recognizing that freedom of expression is one of the principal foundations of a democratic society, and that it is one of the essential conditions for its progress and The development of each human being;
Preoccupied by risk That these computer systems are misused or abused to disseminate racist and xenophobic propaganda;
Convinced of the need to ensure a proper balance between freedom of expression and effective control Against acts of a racist and xenophobic nature;
Recognising that this Protocol does not violate the principles set out in domestic law concerning freedom of expression;
Taking into account international legal instruments Relevant in this field, and in particular the Convention for the Protection of Human rights and fundamental freedoms and its Protocol No. 12 on the general prohibition of discrimination, existing Council of Europe conventions on cooperation in criminal matters, in particular the Convention on Cybercrime and the United Nations International Convention of 21 December 1965 on the Elimination of All Forms of Racial Discrimination, the European Union Joint Action of 15 July 1996 adopted by the Council on the basis of Article K. 3 of the Treaty on European Union concerning action against Racism and xenophobia;
Welcoming recent initiatives to improve international understanding and cooperation in the fight against cybercrime, as well as the fight against racism and xenophobia;
Taking into account the Action Plan adopted by the Heads of State and Government of the Council of Europe on the occasion of their Second Summit, held in Strasbourg on 10 and 11 October 1997, in order to seek common responses to development New information technologies based on the standards and values of the Council of Europe,
have agreed as follows:
Chapter I
Common Provisions
Article 1
Purpose
The purpose of this Protocol is to complement, for the Parties to the Protocol, the The provisions of the Convention on Cybercrime, opened for signature in Budapest on 23 November 2001 (hereafter referred to as " The Convention) With regard to the criminalisation of acts of a racist and xenophobic nature disseminated through computer systems.
Article 2
Definition
1 For the purposes of this Protocol, the expression:
" Racist and xenophobic material " Means any written material, image or other representation of ideas or theories that promotes or promotes hatred, discrimination or violence against a person or a group of persons, on the basis of race, colour, Ancestry or national or ethnic origin, or religion, to the extent that the latter serves as a pretext for, or incites to, any of these elements.
2 The terms and expressions used in this Protocol are Interpreted in the same way as they are in the Convention.
Chapter II
Measures to be taken at the national level
Article 3
Distribution of racist and xenophobic material
through computer systems
1 Each Party shall adopt legislative and other measures In order to establish criminal offences, in its internal law, when committed intentionally and without rights, the following behaviours are necessary:
dissemination or other forms of making available to the public, through a computer system, racist and xenophobic material.
2 A Party may reserve the right not to impose criminal liability on planned conduct In paragraph 1 of this Article where the material, as defined in Article 2 (1), advocates, encourages or incites discrimination which is not associated with hatred or violence, provided that other effective remedies are Available.
3 Without prejudice to paragraph 2 of this Article, a Party may Reserve the right not to apply paragraph 1 to cases of discrimination for which it cannot provide, in the light of the principles established in its domestic legal order concerning freedom of expression, effective remedies Provided for in paragraph 2.
Article 4
Threat with racist and xenophobic motivation
Each Party shall adopt such legislative and other measures as may be necessary to establish an offence Criminal law, in domestic law, when committed intentionally and without Right, the following behavior:
the threat, by means of a computer system, of committing a serious criminal offence, as defined by national law, towards (i) a person because of his or her belonging to a group characterised by race, colour, Ancestry or national or ethnic origin, or religion to the extent that the religion is used as a pretext for any of these elements, or (ii) a group of persons distinguished by one of these characteristics.
Article 5
Insults with racist and xenophobic motivation
1 Each Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence, in its domestic law, when committed intentionally and without charge, the following conduct:
insulting in public, through a computer system, (i) a person because of his or her belonging to a group that is characterized by race, colour, descent, or national or ethnic origin, or religion to the extent that The latter is used as a pretext for any of these elements, or (ii) a group of persons distinguished by one of these characteristics.
2 A Party may:
either requires that the offence provided for in paragraph 1 of this section has the effect of exposing the person or group of persons referred to in paragraph 1 to hatred, contempt or ridicule; or
b reserve the right not to Apply, in whole or in part, paragraph 1 of this article.
Article 6
Negation, gross minimization, approval or justification
of genocide or crimes against humanity
1 Each Party shall adopt such legislative measures as may be necessary to establish Criminal offences, in its internal law, when committed intentionally and without the right, the following conduct:
the distribution or other forms of making available to the public, through a computer system, of material that denies, grossly minimises, approves or justifies acts of genocide or crimes against humanity, As defined by international law and recognized as such by a final and final decision of the International Military Tribunal, established by the London Agreement of 8 August 1945, or by any other international tribunal established by Relevant international instruments whose jurisdiction has been recognized by that Party.
2 A Party may:
either provides that the gross denial or minimization, as provided for in paragraph 1 of this article, is committed with the intention of inciting hatred, discrimination or violence against a person or group of persons, in Reason of race, colour, descent, or national or ethnic origin, or religion, to the extent that the religion is used as a pretext for any of these elements; or
b reserve the right not to apply, in whole Or in part, paragraph 1 of this article.
Article 7
Help and complicity
Each Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence, under its domestic law, when committed intentionally and without rights, Assisting in or complicating an offence as defined in this Protocol, with the intention that such an offence be committed.
Chapter III
Relations between the Convention and this Protocol
Article 8
Relations between the Convention and this Protocol
1 Sections 1, 12, 13, 22, 41, 44, 45 and 46 of the Convention apply, mutatis mutandis, to this Protocol.
2 The Parties extend the scope of the measures set out in Articles 14 to 21 and 23 to 35 of the Convention, Articles 2 to 7 of this Protocol.
Chapter IV
Final provisions
Article 9
Expression of consent to be bound
1 This Protocol shall be open for signature by the signatory States The Convention, which may express their consent to be bound by:
has the signature without reservation of ratification, acceptance or approval; or
b the signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2 A State cannot sign This Protocol without reservation as to ratification, acceptance or approval or deposit of an instrument of ratification, acceptance or approval if it has not already deposited or does not simultaneously deposit an instrument of ratification, acceptance or approval Or approval of the Convention.
3 Instruments of Ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
Article 10
Entry into force
1 This Protocol shall enter into force on the first day The month following the expiration of a period of three months after the date on which five States have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 9.
2 For any State which later expresses Its consent to be bound by the Protocol, it shall enter into force on The first day of the month following the expiration of a period of three months after the date of its signature without reservation as to ratification, acceptance or approval or deposit of its instrument of ratification, acceptance or approval.
Article 11
Accession
1 After the entry into force of this Protocol, any State that has acceded to the Convention may also accede to the Protocol.
2 Accession shall be effected by the deposit, near the Secretary General of the Council of Europe, of an instrument of accession Effect on the first day of the month following the expiration of a period of three months after the date of its filing.
Article 12
Reservations and declarations
1 Reservations and declarations made by A Party concerning a provision of the Convention shall also apply to this Protocol, unless that Party expresses the contrary intention at the time of signature or at the time of deposit of its instrument of ratification, acceptance, Approval or accession.
2 By written notification addressed to the Secretary General of the Council of Europe, any Party may, at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, declare that it avails itself of the reservation or reservations set out in Articles 3, 5 And 6 of this Protocol. A Party may also make, in relation to the provisions of that Protocol, the reservations provided for in Article 22 (2) and Article 41 (1) of the Convention, without prejudice to the implementation by that Party in relation to The Convention. No other reservation may be made.
3 By written notification addressed to the Secretary General of the Council of Europe, any Party may, at the time of signature or the deposit of its instrument of ratification, acceptance, approval or Declaration that the possibility of providing additional elements, as provided for in Article 5 (2.a) and Article 6 (2.a) of this Protocol, prevails.
Article 13
Status and withdrawal Reserves
1 A Party that has made a reservation In accordance with Article 12 above withdraws this reservation, in whole or in part, as soon as circumstances permit. This withdrawal shall take effect on the date of receipt of a notification of withdrawal by the Secretary General of the Council of Europe. If the notification indicates that the withdrawal of a reservation must take effect on a specific date, and if that date is later than the date on which the Secretary General receives the notification, the withdrawal shall take effect at that later
. Secretary General of the Council of Europe may periodically request Parties having made one or more reservations pursuant to Article 12 of the information on the prospects for their withdrawal.
Article 14
Territorial Application
1 Any Party may at the time of Signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Protocol shall apply.
2 Any Party may, at any time thereafter, by Declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory designated in the declaration. The Protocol shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General
Two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 15
Denunciation
1 Any Party may, at any time, denounce this Protocol by notification to the Secretary General of the Council of Europe.
2 Denunciation shall take effect on the first day of the month following the expiration of a period of three months after the Date of receipt of the notification by the Secretary General.
Article 16
Notification
The Secretary General of the Council of Europe will notify the member states of the Council of Europe, to the non-member States that have participated in the elaboration of this Protocol, thus To any State which has acceded to or has been invited to accede to it:
has any signature;
b the deposit of any instrument of ratification, acceptance, approval or accession;
c any date of entry into force of this Protocol in accordance with Articles 9, 10 and 11;
d any other act, Notification or communication relating to this Protocol.
In witness whereof, the undersigned, duly authorized to that effect, have signed this Protocol.
Done at (Strasbourg), on January 28, 2003, in English and in French, both texts In a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Protocol, and to any State invited to accede to it.
Statement of the
Government of the French Republic
Art. 6, § 1. -France hears by " International Tribunal established by relevant international instruments and whose jurisdiction has been recognized by that Party " (art. 6, § 1) any international criminal jurisdiction explicitly recognized as such by the French authorities and enshrined in its domestic law.
Done at Paris, 23 May 2006.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
