Canada Signs European Protocol on Racist and Xenophobic Material

Canada recently became the first non-European country to sign a protocol against racism and xenophobic material on the Internet. The "Additional Protocol to the Convention on Cyber-crime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems" (Protocol), was introduced by the Council of Europe in November, 2002. It defines racist and xenophobic material as "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." The Department of Justice did not raise the Protocol for discussion during a recent round of stakeholder consultations on the federal lawful access initiative (E-TIPSâ Vol. 3, No. 24, May 25, 2005) and no draft amending language has yet been made public. In order to ratify the Protocol, however, Canada would need to amend the Criminal Code to make it an offence to distribute or otherwise make available racist or xenophobic material over the Internet. The term "make available" would include linking to Web sites deemed racist or xenophobic. It is likely that email, which is usually - though not always - considered a private communication, would fall outside the scope of the Protocol. Canada is the 28th country to sign the Protocol, but only the first non-European nation to do so. Although the US participated in the drafting of the Protocol, it is unlikely to ratify it on the grounds that it would be an unconstitutional infringement of freedom of speech. Indeed, it is on this point that the Protocol has been criticized by some European public advocacy groups. No Canadian group has yet taken a position. Additional Protocol to the Council of Europe Convention on Cyber-crime: http://conventions.coe.int/Treaty/en/Treaties/Html/189.html For the Department of Justice press release on Canada's signing of the Protocol, see: http://canada.justice.gc.ca/en/news/nr/2005/doc_31572.html For The Globe & Mail article on Canada's signing of the Protocol, see: http://segmissa.notlong.com Summary by: Jason Young