Статус Дополнительного протокола к Конвенции о преступлениях в сфере компьютерной информации относительно введения уголовной ответственности за правонарушения, связанные с проявлением расизма и ксенофобии, совершенные посредством компьютерных систем (ETS № 189) (Страсбург, 28 января 2003 года) [рус., англ.]

Примечания. a — присоединение; s — подписание без оговорок о ратификации; su — правопреемство; r — подписание «ad referendum».

R — оговорки; D — заявления, денонсации, частичные отмены; A — государственные органы; T — территориальное применение; C — уведомление; O — возражения.

Status as of: 29.10.2026

Members of Council of Europe

Non-Members of Council of Europe

Notes

a: Accession s: Signature without reservation as to ratification su: Succession r: Signature «ad referendum».

R.: Reservations D.: Declarations, Denunciations, Derogations A.: Authorities T.: Territorial Application C.: Communication O.: Objection.

55: Date of signature by the state union of Serbia and Montenegro.

RESERVATIONS AND DECLARATIONS FOR TREATY No. 189

ADDITIONAL PROTOCOL TO THE CONVENTION ON CYBERCRIME, CONCERNING THE CRIMINALISATION OF ACTS OF A RACIST AND XENOPHOBIC NATURE COMMITTED THROUGH COMPUTER SYSTEMS

Declarations in force as of today Status as of: 29.10.2026

Croatia

Reservation contained in the instrument of ratification deposited on 4 July 2008 — Or. Engl.

Pursuant to Article 3, paragraph 2, of the Additional Protocol, the Republic of Croatia reserves the right not to attach criminal liability to conduct as defined by paragraph 1 of Article 3 of the Additional Protocol, where racist and xenophobic material as defined in Article 2, paragraph 1, of the Additional Protocol advocates, promotes or incites discrimination that is not associated with hatred or violence.

Period covered: 01/11/2008 -

Articles concerned: 3

Denmark

Reservation contained in the instrument of ratification deposited on 21 June 2005 — Or. Engl. — and confirmed in a letter from the Deputy Permanent Representative of Denmark, dated 13 June 2006, registered at the Secretariat General on 15 June 2006 — Or. Engl.

In accordance with Article 3, paragraphs 2 and 3, of the Protocol, the Government of the Kingdom of Denmark declares that Denmark reserves the right to fully or to partially refrain from criminalising acts covered by Article 3, paragraph 1.

Period covered: 01/03/2006 -

Articles concerned: 3

Reservation contained in the instrument of ratification deposited on 21 June 2005 — Or. Engl. — and confirmed in a letter from the Deputy Permanent Representative of Denmark, dated 13 June 2006, registered at the Secretariat General on 15 June 2006 — Or. Engl.

In accordance with Article 5, paragraph 2, letter b, of the Protocol, the Government of the Kingdom of Denmark declares that Denmark reserves the right to fully or to partially refrain from criminalising acts covered by Article 5, paragraph 1.

Period covered: 01/03/2006 -

Articles concerned: 5

Reservation contained in the instrument of ratification deposited on 21 June 2005 — Or. Engl. — and confirmed in a letter from the Deputy Permanent Representative of Denmark, dated 13 June 2006, registered at the Secretariat General on 15 June 2006 — Or. Engl.

In accordance with Article 6, paragraph 2, letter b, of the Protocol, the Government of the Kingdom of Denmark declares that Denmark reserves the right to fully or to partially refrain from criminalising acts covered by Article 6, paragraph 1.

Period covered: 01/03/2006 -

Articles concerned: 6

Declaration contained in the instrument of ratification deposited on 21 June 2005 — Or. Engl.

Pursuant to Article 14 of the Protocol, Denmark declares, until further notice, the Protocol will not apply to the Feroe Islands and Greenland.

Period covered: 01/03/2006 -

Articles concerned: 14

Finland

Reservation contained in the instrument of acceptance deposited on 20 May 2011 — Or. Engl.

In accordance with Article 3, paragraph 3, of the Protocol, the Republic of Finland reserves the right not to apply Article 3, 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 Article 3, paragraph 2.

Period covered: 01/09/2011 -

Articles concerned: 3

Reservation contained in the instrument of acceptance deposited on 20 May 2011 — Or. Engl.

In accordance with Article 5, paragraph 2, subparagraph b, of the Protocol, the Republic of Finland, due to established principles in its national legal system concerning freedom of expression, reserves the right not to apply, in whole or in part, Article 5, paragraph 1, to cases where the national provisions on defamation or ethnic agitation are not applicable.

Period covered: 01/09/2011 -

Articles concerned: 5

Reservation contained in the instrument of acceptance deposited on 20 May 2011 — Or. Engl.

In accordance with Article 6, paragraph 2, subparagraph b, of the Protocol, the Republic of Finland, due to established principles in its national legal system concerning freedom of expression, reserves the right not to apply, in whole or in part, Article 6, paragraph 1, to cases where the national provisions on ethnic agitation are not applicable.

Period covered: 01/09/2011 -

Articles concerned: 6

France

Declaration contained in the instrument of approval deposited on 10 January 2006 — Or. Fr.

In accordance with Article 6, paragraph 1, of the Protocol, France interprets the terms «international court established by relevant international instruments and whose jurisdiction is recognised by that Party» (Article 6, paragraph 1) as being any international criminal jurisdiction explicitely recognised as such by the French authorities and established under its domestic law.

Period covered: 01/05/2006 -

Articles concerned: 6

Greece

Declaration contained in a Note Verbale from the Permanent Representation of Greece, dated 24 January 2017, deposited with the instrument of ratification on 25 January 2017 — Or. Engl.

In accordance with Article 12, paragraph 3, and Article 5, paragraph 2, sub-paragraph a, of the Protocol, the Hellenic Republic requires that the offence referred to in paragraph 1 of Article 5 has the effect that the person or group of persons referred to in paragraph 1 of Article 5 is exposed to hatred, contempt or ridicule.

Period covered: 01/05/2017 -

Articles concerned: 12, 5

Declaration contained in a Note Verbale from the Permanent Representation of Greece, dated 24 January 2017, deposited with the instrument of ratification on 25 January 2017 — Or. Engl.

In accordance with Article 12, paragraph 3, and Article 6, paragraph 2, sub-paragraph a, of the Protocol, the Hellenic Republic requires that the denial or the gross minimisation referred to in paragraph 1 of Article 6 is committed with the intent to incite 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.

Period covered: 01/05/2017

Articles concerned: 6 12

Iceland

Reservation contained in a Note verbale from the Permanent Representation of Iceland, dated 30 March 2023, registered at the Secretariat General on 6 April 2023 — Or. Engl.

The Permanent Representation of Iceland to the Council of Europe has the honour to refer to its Note dated 11 January 2023, in which Iceland notified the deposit of its instrument of ratification of the Additional Protocol to the Convention on Cybercrime («the Additional Protocol»).

The Permanent Representation of Iceland wishes to inform the Secretary General that due to human error, Iceland's reservations to the Additional Protocol were not included in the note of 11 January 2023. Upon the adoption of necessary legislation amendments which implemented the Additional Protocol in Icelandic legislation, it was noted and reasoned in the explanatory report with the legislation that Iceland intended to make certain reservations to the Additional Protocol.

Accordingly, in order to correct this error, Iceland communicates to the Secretary General of the Council of Europe, in her capacity as Depositary of the Convention, the following:

In accordance with Article 3, paragraph 3, of the Protocol, Iceland reserves 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.

Period covered: 01/05/2023

Articles concerned: 3

Reservation contained in a Note verbale from the Permanent Representation of Iceland, dated 30 March 2023, registered at the Secretariat General on 6 April 2023 — Or. Engl.

The Permanent Representation of Iceland to the Council of Europe has the honour to refer to its Note dated 11 January 2023, in which Iceland notified the deposit of its instrument of ratification of the Additional Protocol to the Convention on Cybercrime («the Additional Protocol»).

The Permanent Representation of Iceland wishes to inform the Secretary General that due to human error, Iceland's reservations to the Additional Protocol were not included in the note of 11 January 2023. Upon the adoption of necessary legislation amendments which implemented the Additional Protocol in Icelandic legislation, it was noted and reasoned in the explanatory report with the legislation that Iceland intended to make certain reservations to the Additional Protocol.

Accordingly, in order to correct this error, Iceland communicates to the Secretary General of the Council of Europe, in her capacity as Depositary of the Convention, the following:

In accordance with Article 5, paragraph 2, subparagraph b, of the Protocol, Iceland due to established principles in its national legal system concerning freedom of expression, reserves the right not to apply, in whole or in part, Article 5, paragraph 1.

Period covered: 01/05/2023

Articles concerned: 5

Reservation contained in a Note verbale from the Permanent Representation of Iceland, dated 30 March 2023, registered at the Secretariat General on 6 April 2023 — Or. Engl.

The Permanent Representation of Iceland to the Council of Europe has the honour to refer to its Note dated 11 January 2023, in which Iceland notified the deposit of its instrument of ratification of the Additional Protocol to the Convention on Cybercrime («the Additional Protocol»).

The Permanent Representation of Iceland wishes to inform the Secretary General that due to human error, Iceland's reservations to the Additional Protocol were not included in the note of 11 January 2023. Upon the adoption of necessary legislation amendments which implemented the Additional Protocol in Icelandic legislation, it was noted and reasoned in the explanatory report with the legislation that Iceland intended to make certain reservations to the Additional Protocol.

Accordingly, in order to correct this error, Iceland communicates to the Secretary General of the Council of Europe, in her capacity as Depositary of the Convention, the following:

In accordance with Article 6, paragraph 2, subparagraph b, of the Protocol, Iceland, due to established principles in its national legal system concerning freedom of expression, reserves the right not to apply, in whole or in part, Article 6, paragraph 1.

Period covered: 01/05/2023

Articles concerned: 6

Lithuania

Declaration contained in the instrument of ratification deposited on 12 October 2006 — Or. Engl.

In accordance with Article 6, paragraph 2, subparagraph a, and Article 12, paragraph 3, of the Additional Protocol to the Convention on Cybercrime, the Republic of Lithuania states that criminal liability for denial or gross minimisation arises if it has been committed «with the intent to incite 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».

Period covered: 01/02/2007 -

Articles concerned: 12, 6

Monaco

Reservation contained in the instrument of ratification deposited on 17 March 2017 — Or. fr.

In accordance with Article 6, paragraph 2, subparagraph b, of the Protocol, the Principality of Monaco reserves the right not to apply, in whole or in part, paragraph 1 of Article 6 of the Protocol.

Period covered: 01/07/2017 -

Articles concerned: 6

Montenegro

Reservation contained in the instrument of ratification deposited on 3 March 2010 — Or. Engl.

In accordance with Article 6, paragraph 2, item b, and Article 12, paragraph 3, of the Additional Protocol, Montenegro requires that the denial or the gross minimization, approval or justification of acts constituting genocide or crimes against humanity, be committed with the intent to incite hatred, discrimination or violence against an individual or group of individuals based on race, color, descent or national or ethnic origin, as well as religion if used as pretext for any of these factors, or otherwise.

Period covered: 01/07/2010 -

Articles concerned: 12, 6

Netherlands

Declaration contained in a Declaration from the Minister of Foreign Affairs of the Netherlands, dated 2 December 2024, registered at the Secretariat General on 7 January 2025 — Or. Engl.

The Kingdom of the Netherlands declares that it accepts the Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems for Curaçao .

Period covered: 01/05/2025

Articles concerned: 14

Reservation contained in a Declaration from the Minister of Foreign Affairs of the Netherlands, dated 2 December 2024, registered at the Secretariat General on 7 January 2025 — Or. Engl.

The Kingdom of the Netherlands, for Curaçao , will comply with the obligation to criminalise the denial, gross minimisation, approval or justification of genocide or crimes against humanity laid down in Article 6, paragraph 1, of the Protocol where such conduct incites hatred, discrimination or violence on the grounds of race or religion.

Period covered: 01/05/2025

Articles concerned: 6

Reservation contained in the instrument of acceptance deposited on 22 July 2010 — Or. Engl.

The Kingdom of the Netherlands will comply with the obligation to criminalise the denial, gross minimisation, approval or justification of genocide or crimes against humanity laid down in Article 6, paragraph 1, of the Protocol where such conduct incites hatred, discrimination or violence on the grounds of race or religion.

Period covered: 01/11/2010

Articles concerned: 6

Declaration contained in the instrument of acceptance deposited on 22 July 2010 — Or. Engl.

The Kingdom of the Netherlands accepts the Protocol for the Kingdom in Europe.

Period covered: 01/11/2010

Articles concerned: 14

Norway

Reservation contained in the instrument of ratification deposited on 29 April 2008 — Or. Engl.

In accordance with Article 3, paragraph 3 of the Protocol, Norway reserves 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.

Period covered: 01/08/2008 -

Articles concerned: 3

Reservation contained in the instrument of ratification deposited on 29 April 2008 — Or. Engl.

In accordance with Article 5, paragraph 2 b of the Protocol, Norway reserves the right not to apply paragraph 1 of this Article, except for hatred offences.

Period covered: 01/08/2008 -

Articles concerned: 5

Reservation contained in the instrument of ratification deposited on 29 April 2008 — Or. Engl.

In accordance with Article 6, paragraph 2 b of the Protocol, Norway reserves the right not to apply paragraph 1 of this Article, except for hatred offences.

Period covered: 01/08/2008 -

Articles concerned: 6

Poland

Reservation contained in the instrument of ratification deposited on 20 February 2015 — Or. Engl.

Pursuant to Article 3, paragraph 3, of the Additional Protocol, the Republic of Poland reserves that the condition that is necessary to consider a conduct referred to in Article 3, paragraph 1, a criminal offence is discrimination associated with violence or hatred, as referred to in Article 3, paragraph 2.

Period covered: 01/06/2015 -

Articles concerned: 3

Reservation contained in the instrument of ratification deposited on 20 February 2015 — Or. Engl.

Pursuant to Article 6, paragraph 2.a, of the Additional Protocol, the Republic of Poland reserves that the condition that is necessary to consider a conduct referred to in Article 6, paragraph 1, a criminal offence is the intent as specified in Article 6, paragraph 2.a.

Period covered: 01/06/2015 -

Articles concerned: 6

Romania

Reservation contained in the instrument of ratification deposited on 16 July 2009 — Or. Engl.

In accordance with Article 5, paragraph 2.b, of the Additional Protocol, Romania reserves the right not to apply the provisions of Article 5, paragraph 1, of the Additional Protocol concerning racist and xenophobic motivated insult.

Period covered: 01/11/2009 -

Articles concerned: 5

Spain

Declaration contained in the instrument of ratification deposited on 18 December 2014 — Or. Fr.

Spain declares that, in the event that the present Protocol were to be ratified by the United Kingdom and extended to the territory of Gibraltar, Spain wishes to make the following Statement:

1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom, and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

2. The authorities of Gibraltar have a local Administration status and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

3. As a result, it is considered that the eventual participation of the Gibraltarian authorities in the application of this Protocol will be carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way the declarations formulated in the two previous paragraphs.

4. The process provided for by the «Agreed Arrangements relating to Gibraltar authorities in the context of certain international treaties» which have been adopted by Spain and the United Kingdom on 19 December 2007, jointly with the «Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties», dated 19 April 2000 apply to the Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems.

5. The application of the said Protocol to Gibraltar should not be interpreted as an acknowledgment of any right or any situation regarding areas not covered by Article X of the Treaty of Utrecht of 13 July 1713, concluded between the Kingdoms of Spain and of the Great Britain.

Period covered: 01/04/2015 -

Articles concerned: -

Sweden

Reservation contained in the instrument of ratification deposited on 28 April 2021 — Or. Engl.

In accordance with Article 6, paragraph 2.a, of the Additional Protocol, Sweden declares that it reserves the right to require in its domestic law that the denial or the gross minimisation is committed with the intent to incite 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, or otherwise, for the conduct referred to in Article 6, paragraph 1, to constitute criminal offences.

Period covered: 01/08/2021 -

Articles concerned: 6

Ukraine

Declaration contained in the instrument of ratification deposited on 21 December 2006 — Or. Engl.

In accordance with Article 6, paragraph 2, subparagraph a, of the Additional Protocol to the Convention on Cybercrime, Ukraine declares that it shall require that denial or gross minimization referred to in paragraph 1 of that Article is committed with the intention to provoke hatred, discrimination or violence against any person or group of persons based on signs of race, colour, national or ethnic origin as well as faith if [they are] used as a reason for any of those actions.