forms of criminalisation will inevitably lead to an
expansion of the scope of domestic criminalisation in
multiple countries, leading to a range of problems
such as abuse of power, overpunishment and
ineffective governance. Just operating simple
intersection calculation will also foresee realities that
are incompatible with the domestic context, such as
fish escaping from the net, ineffective crackdowns
and declining public trust, and may infringe on the
human rights of a wider range of potential victims.
While the Convention's middle-of-the-road approach
has temporarily calmed the interests of many, its
subsequent implementation remains a great
challenge. The controversy over human rights
guarantees is now highlighted in the game between
the broad and narrow criminalisation patterns. The
overly broad criminalisation which leads to excessive
interference of human rights has been the focus of
criticism of the Convention by advocates of the
narrow criminalisation pattern. In this context, it is
necessary to return to the specific provisions of the
Convention for practical analysis.
3.1.1 List of Offences
Chapter II of the Convention, entitled
"Criminalisation", covers a total of 11 criminal
entities, including Illegal access, Interference with
electronic data, Offences related to online child
sexual abuse or child sexual exploitation material,
Non-consensual dissemination of intimate images
and laundering of proceeds of crime and so on. In
addition, it also includes content about specific
identification of liability of legal persons,
participation and attempt.
3.1.2 Responding to Questions
Through analysing the opinions of the opponents, the
spirit of the Convention and its specific provisions, it
is clear that the Convention is not in fact characterised
by an extremely broad criminalisation and does not
ignore human rights, which are even guaranteed in
both substance and procedure. The questioning of the
excessive broadness of the criminalisation of the
Convention has been expressed in two main ways,
directly and indirectly.
Clarify Suspicions of Directly Extend the Scope of
the Accusation. The Convention is not an extensive
list of offences. The establishment of the
Convention's system of offences was one of the
controversial issues throughout its formation and
development, with each country expressing its own
concerns on the basis of values, culture and actual
national conditions, and thus proposing different
offences to be included in the Convention. Taking
internet pornography offences as an example,
European countries are more open to adult
pornography and focus their efforts on fighting
against child pornography, while Iran treats adult
pornography in the same way and believes that adult
pornography also needs to be cracked down on
(Zhang & Gong, 2020). On the whole, compared with
the advocates of the narrow criminalisation pattern,
the advocates of the broad criminalisation pattern
believe that the Convention should include offences
other than pure cybercrime, and at the same time take
technological developments into consideration,
trying to make up for the lag in law-making in a
timely manner. However, compared with the text of
the former sessions of the Special Committee, the
final adopted text deleted 17 traditional cybercrime
offences, such as copyright infringement. And in
terms of the constituent elements of each offence,
some of them have also been streamlined and
lightened, such as article 14, paragraph 4, of the
Convention on the determination of the exceptions to
the child pornographic material (Jing, 2024; Li,
2025). It can be seen that the Convention does not
show the characteristics of a broad criminalisation
pattern, but rather favours a narrow criminalisation
scheme. At the same time, the author believes that
there is no basis in reality for criticising the
Convention for being too broadly criminalised on the
basis of the argument that it may be relied upon by
some States to criminalise a wide range of offences at
the domestic level. The Convention itself does not
have the ability to directly intervene in domestic
governance, and how to effectively and appropriately
reconcile domestic and international law mainly lies
at a country's own rule of law capacity and political
strategy.
Dispelling the Suspicions of Indirectly Extend the
Scope of the Accusation. It has been argued that the
Convention is given a broad scope of application
because article 3 of the Convention provides for the
application of it to all stages of the prevention,
investigation and prosecution of offences, while
article 4 provides for the linking of the Convention
with other United Nations conventions, such as The
Convention against Transnational Organized Crime,
by requiring States parties to incorporate into their
domestic legal systems the action of using the Internet
to commit those offences included in these
Conventions (Wu, 2025). Thereby, this indirectly
expands the offence system. In the author's view, this
is not the case.