Social Media, Terrorist Content Prohibitions, And The Rule Of Law

To inform the discussion, the paper draws on the debates that have surrounded the U.K. ‘Encouragement of Terrorism’ criminal offence. Created by the Terrorism Act 2006, and recently amended by the Counter-Terrorism and Border Security Act 2019, this offence has proved controversial from its inception for two principal reasons. First, the offence expressly encompasses both direct and indirect encouragement. Critics have argued that the concept of indirect encouragement is too nebulous and gives the offence too wide a scope. Second, the framing of the offence focuses not on the purpose of the speaker, but on whether the potential effect of the statement is to encourage terrorism.

Tags: Border Security Act 2019, Counterterrorism, Terrorism Act 2006