Approving The Additional Protocol To The Convention On Cybercrime Concerning The Criminalisation Of Acts Of Racist And Xenophobic Nature Committed Through Computer Systems, Adopted In Strasbourg On 28 January 2003

Original Language Title: Aprova o Protocolo Adicional à Convenção sobre o Cibercrime Relativo à Incriminação de Actos de Natureza Racista e Xenófoba Praticados através de Sistemas Informáticos, adoptado em Estrasburgo em 28 de Janeiro de 2003

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Read the untranslated law here:

PRESIDENCY of the COUNCIL of MINISTERS resolution No. 134/X/4th 1 whereas the acts of racist and xenophobic nature constitute a violation of human rights and a threat to the rule of law and democratic stability; Whereas the national legal systems and international law must have legal responses appropriate to the nature of racist and xenophobic propaganda through computer systems; Recognizing that freedom of expression constitutes one of the essential pillars of democratic society, taking account, however, the necessary balance with fundamental human rights; Considering the necessity of incrimination of diffusion and other forms of making available to the public of racist and xenophobic material in computer systems, threat or insult with racist or xenophobic motivation and the denial, minimization, approval or justification of genocide or crimes against humanity; Considering the strategy advocated by other instruments, including the Convention for the protection of human rights and fundamental freedoms and the your Protocol No 12 on the General Prohibition of discrimination, as well as the Council of Europe conventions on cooperation in criminal matters, in particular the Convention on Cybercrime, the United Nations International Convention on the Elimination of all forms of Racial Discrimination signed on 21 December 1965, and the joint action of the European Union, of 15 July 1996 adopted by the Council on the basis of article k. 3 of the Treaty on European Union concerning action to combat racism and xenophobia.

PRESIDENCY of the COUNCIL of MINISTERS resolution No. 134/X/4th 2 like this: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic, the following resolution: to approve the additional protocol to the Convention on Cybercrime concerning the Criminalisation of acts of racist and xenophobic Nature Committed through computer systems adopted in Strasbourg on 28 January 2003, the text of which, in the authenticated version in the English language as well as translated to the Portuguese language, if published in the annex.

Seen and approved by the Council of Ministers of 19 March 2009 the Prime Minister and State Minister for Foreign Affairs the Minister of Parliamentary Affairs Minister Presidency