Proposal For A Regulation On Preventing The Dissemination Of Terrorist Content Online And Its Fundamental Rights Implications

This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament's position on the legislative proposal for a Regulation on preventing the dissemination of terrorist content online, presented by the European Commission on 12 September 2018. Throughout the text, this FRA Opinion refers to the legislative text using the wording "the proposal" or "the proposed Regulation". According to the Explanatory Memorandum to the proposal, terrorists "misuse the internet to groom and recruit supporters, to prepare and facilitate terrorist activity, to glorify in their atrocities and urge others to follow suit." The impact assessment accompanying the proposal points out that availability of online terrorist content can accelerate radicalisation, recruit terrorist supporters and facilitate or instruct terrorist activity. The proposed Regulation follows a set of recently adopted voluntary measures. It builds on the work of the EU Internet Forum, launched in December 2015 as a framework of voluntary cooperation between Member States and representatives of major internet companies to detect and address online terrorist content. The proposal also operationalises the Commission's Communication on tackling illegal content online, towards enhanced responsibility of online platforms. Finally, it aims to transform into legally binding provisions some of the elements in the Commission Recommendation on measures to effectively tackle illegal content online, which sets up a voluntary framework of action for internet intermediaries. According to Recital (1) of the proposal, by preventing the misuse of hosting services for terrorist purposes, the proposed Regulation aims to ensure the smooth functioning of the digital single market in an open and democratic society. The proposal contains a definition of "terrorist content" in Article 2 (5) that is directly linked to the definition of terrorist offences set out in Directive (EU) 2017/541 on combating terrorism (Terrorism Directive).