5. Combating Cyber Racism: Analisis Komparatif terhadap Implementasi Protokol Tambahan Council of Europe Convention on Cybercrime tentang Cyber Racism (CETS 189) di Amerika Serikat dan Australia Tahun 2012-2016

Abstract

In this globalization era, technological advances undeniably encouraged the development
of the scope of crime along with the development of science. The phenomenon of crime
committed in cyberspace, known as cybercrime, is one of the most dangerous crimes that
are currently faced by most people in the world. One of those crimes is racism in
cyberspace or what so-called cyber racism. The United States and Australia are the two
largest countries out of the Council of Europe member countries which committed to
overcome cyber racism by ratifying the Council of Europe Convention on Cybercrime and
additional protocol concerning cyber racism (CETS 189). Nonetheless, there are some
differences in the implementation of this convention between the United States and
Australia in overcoming cyber racism. This study aims to determine factor that influences
the differences in the implementation of CETS 189 in the United States and Australia.
Using culturalist approach as an analytical lens, this study argues that national law is the
cause of the differences in the implementation of CETS 189 in the United States and
Australia. It is affected by cultural factor in which the United States has liberal perception
regarding freedom of speech, while Australia tends to provide some limits on freedom of
speech.