An analysis of the aspects of European Union law on combatting online terrorist content

Abstract

Terrorism has terrorised society for a long time and is a continuing and growing problem. With the introduction of the internet, terrorists have utilised this as their playground to spread their ideologies faster and to reach more people. The-unregulated online environment has become more problematic in the fight against terrorism, -especially when terrorist content is freely available on platforms. Removing their internet as their weapon is a step forward in tackling the-dissemination of terrorist online content. Although previous efforts were made, the legal framework on terrorist content online was fragmented. Regulation-(EU)-2021/784 of the European-Parliament and of The-Council of-29 April 2021 on addressing-the dissemination of terrorist content-online is step forward in the harmonisation-of this problem, creates-a-safer online environment and the smooth functioning of the digital single market. -An analysis of the already existing legal framework such as the E-Commerce Directive and the Digital-Service-Act is explored in unison with the Regulation. Exploration of the obligations on hosting services providers to combat their misuse of their services by terrorists as they spread-their propaganda. Competent authorities and contact points are to be set up by the MSs to issue removal orders, a new administrative procedure. However, the one-hour timeframe is restrictive in nature leading to HSPs to over-remove which would violate the freedom of expression. Conversely, the one-hour time frame-still leaves room for terrorist content to be disseminated. -The issue with privatised enforcement is also tackled. Issues such as the lack of implementation of the-Regulation and the impacts as explored. The regulation also focuses on safeguards to be set for fundamental human rights and freedoms, such as freedom-of expression, freedom and pluralism of the media amongst others. It also explores the fine line between respecting private family life and national security and public information in cases of terrorists. The-regulation emphasizes the need for proportionality and necessity in exercising the obligations of the Regulation. Law, although crucially needed, is not enough; practices and methods must be applied to combat the dissemination of terrorist online content. The-EU and-EUROPOL set initiatives, practices, and programs to combat this problem on a physical level. However, due to the borderless nature of the problem, it is crucial for the-EU to coordinate with MSs in regulating their-national-legal framework, -promoting harmonisation both on paper and in practice. Some-cooperative tactics provide counter narratives, as-terrorist content-can be a powerful tool for spreading terrorism.