Freedom of Expression, Counter-Terrorism and the Internet in Light of the UK Terrorist Act 2006 and the Jurisprudence of the European Court of Human Rights
| DOI | 10.1177/016934410902700302 |
| Date | 01 September 2009 |
| Author | Daragh Murray |
| Published date | 01 September 2009 |
| Subject Matter | Part A: Article |
Netherlands Q uarterly of Human R ights, Vol. 27/3, 331–360, 2009.
© Netherlands I nstitute of Human Rig hts (SIM), Printed in the Net herlands. 331
PART A: ARTICLES
fReeDOm Of exPRessIOn, COUnTeR-
TeRRORIsm anD THe InTeRneT In
lIGHT Of THe Uk TeRRORIsT aCT 2006
anD THe JURIsPRUDenCe Of THe
eUROPean COURT Of HUman RIGHTs
D M*
Abstract
As a result of the ‘War on Terror’ domestic governments and the international community
have paid increasing attention to cou nter-terrorism legislation. Given the me teoric rise
in prominence of the Internet, and the ever-ex panding ‘terroris t’ use of this ent ity, it
is unsurprising that the Intern et has now become the focu s of legislative attention.
However, what does this mean for one of the most fundamental of human rights, the
right to freedom of expressio n? is article will analyse the concept s of incitement,
glorication and dissemination as they relate to the Internet, and evaluate their place
within the broader framework of the right to freedom of expres sion. Con sequently,
‘context’, the quantiable circulation of content, and other relevant issues are evaluated
through the prism of the Internet. Similarly, the role of the ‘bl ogger’ is discussed as it
relates to the dissemination of information, and the overarching concept of participatory
democracy. For illustrative purpose s, the United Kingdom’s Terrorist Act 2006, and the
jurispruden ce of the European Court of Human Rights will be of primary interes t.
* Currently working at the Pale stinian C entre for Human Rights, Gaza, occupied Pa lestinian
territory. is art icle was originally written as par t of LL M in Int ernational Hu man Rig hts Law,
Irish Ce ntre for Human Rights, Nat ional University of Ireland, Galway, Ireland. All inter net sites
were last access ed on 24 July 2009.
Daragh Mur ray
332 Intersentia
1. INTRODUCTION
e events of 11 September 2001 heralded a sea change in the international community’s
approach to terrorism;1 though terrorism had long been on the international agenda,2
the shocked pol itical climate resulted in a re-awakening of interest and an increase d
sense of u rgency. Notable among the consequences were the establishment of the
United Nat ions Counter-Terrorism Comm ittee3 and a number of far-reaching
Security Cou ncil Resolutions.4
e Internet has long been lauded as a social revolution.5 Indeed, in t he traumatic
hours following the collapse of t he World Trade Centre, it was oen the on ly means
of communicat ion open to worried friends and relatives.6 It soon became apparent,
however, that distraught civili ans were not alone in taking advantage of this new
technology, and that the Internet had been a key tool for the perpet rators in planning
the at tack.7 Closer analysis soon revealed th at ‘[t]errorists use the Internet just like
everybody else’8 and that the ‘terrorist’ pres ence on the Internet had in fact grown
exponentially in recent years.9 As a combined consequence of the desire to ‘pull out
this evil ideolog y by it s roots’,10 the condemnation of incitement to terror, and t he
repudiation of justication or glor ication of such acts, attention soon turned to
countering terrorism on the ‘v irtual safe haven’ of the Internet.
is art icle addresses a number of issues which cou nter-terrorism measures raise
in relation to the Internet; particularly how those measures impact on one of the most
1 See Duy, Helen, e ‘War on Terror’ and the Fram ework of Interna tional Law, Cambrid ge
University Press , Cambridge, 2007.
2 See, inter alia, Internationa l C onvention Against the Taki ng of Hos tages, GA Resolution 146
(XXX IV), UN Doc. A/34/46, 3 June 1983; International Convention for the Suppression of Terrorist
Bombing, GA Res olution 164, UN GAOR, UN D oc. A/52/49, 23 May 2001; and Convention for t he
Suppression of Unlawf ul Sei zure of Aircra [Hijacking Convention], 860 United Nations Treaty
Series 105, 14 October 1971.
3 S.C. Resolution 1373, UN Doc. S/ RES/1373, 28 September 2001.
4 Inter alia, idem and S.C. Resolut ion 1624, UN Doc. S/RES/1624, 14 Septemb er 2005.
5 Chen, Elaine M., ‘Global Internet Freedom: Can Cens orship and Free dom Coexist?’, D ePaul LCA
Journal of Art and En tertainment Law, Vol. 13, No. 1, 2003, pp. 229–268, at p. 245.
6 Bargh, John A., ‘Beyond Simple Truths: e Human-I nternet Interact ion’, Journal of Socia l Issues,
Vol. 58, No. 1, 2002, pp. 1–8, at p. 1.
7 e 9/11 Commission Report, Nat ional Commi ssion on Terrorist Attacks Upon the United States,
22 July 2004.
8 Richard Cla rke, former W hite House c yber secur ity chief, quoted in: C onway, Maura, ‘Terroris m
and the I nternet: New Medi a – New reat?’, Parli amentary Aairs, Vol. 59, No. 2, 2006, pp. 283–
298, at p. 283.
9 Tsfati, Yariv and Weimann, Gabriel, ‘www.ter rorism.com: Terror on the Internet’, Studies in Conict
and Terrorism, Vol. 25, No. 5, 2002 , pp. 317–332, at p. 317.
10 Prime M inister Tony Blai r, quoted in: Jerey, Simon, ‘Q&A: e Glor ication of Terrrorism’, e
Guardian, 15 February 2 006.
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