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The European Union (EU) is an influential voice in the global debate on regulation of online speech. For that reason, two upcoming regulatory regimes might – in addition to shaping EU digital policy – create global precedents for how to regulate both online speech generally and terrorist content specifically.

Kenya has “increasingly sought to remove online content”, both through requests and increased regulation, that it deems “immoral” or “defamatory”. Following terrorist attacks on civilian targets in recent years, the country has heightened its efforts around counterterrorism as well as online content regulation. Many of Kenya’s legislations have been criticised by civil society for their “broadness”, “vagueness”, and potential “detrimental implications for freedom of expression”. A proposed social media bill, if enacted, could largely impact social media companies and their users in Kenya, such as through strict regulations on user content.

The Philippines is one of the countries worst affected by terrorism in the world, ranking as the ninth most affected country in the 2019 Global Terrorist Index. The country has long been investing in its counterterrorism apparatus and there have been some signs that the Philippines might introduce legislation that targets online terrorist content. This is to be understood in the context of a growing internet penetration rate and increased use of social media (+8.6% in 2019-2020), coupled with growing concerns for how terrorists use the internet in the country.

Singapore is often deemed to be Asia’s main tech hub and a top global alternative to the Silicon Valley. Many of the world’s major tech platforms – including GIFCT founders Facebook, Microsoft, Google and Youtube – have their headquarters for the Asia Pacific region in the Singapore. The government has been active in supporting the tech sector, advocating for an approach that promotes industry self-regulation and strong intellectual property laws.

With almost 500 million Internet users, and a history of mis- and disinformation spreading on social media and messaging apps and occasionally resulting in violence, content moderation has been a pressing issue in India for quite some time. Regulation of content is covered by different legislations under the Indian Penal Code, the Information Technology Act (ITA), and Criminal Procedure Code, and shortly under the Framework and Guideline for use of Social Media.

Terrorist use of the internet in India is mostly regulated through the criminalisation of cybercrime, covered by Section 66F of the Information Technology Act, which regulates cybercrimes and electronic commerce.

Over the last five years, Pakistan has introduced various measures aimed at regulating terrorist content online, including the 2020 Citizen Protection (Against Online Harm) Rules which directly targets content posted on social media, and the 2016 Prevention of Electronic Crimes Act which prohibits use of the internet for terrorist purposes.

These regulations supplement the Anti-Terrorism Act of 1997 (ATA) that provides the baseline legal framework for counterterrorism measures in the country. The ATA does not specifically target terrorist use of the internet, however, it considers the dissemination of digital content “which glorifies terrorists or terrorist activities” to be an offence – under section 11W. The same section also prohibits the dissemination of content that incite to hatred or “gives projection” to a terrorist actor.