Terror on the Internet: Website operators need to know about the new EU law

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Europafahne E1607703526145.jpg
Europafahne E1607703526145.jpg

The EU has agreed on a law with which terror on the Internet is to be combated more intensely and above all faster. The regulation was particularly controversial because of the proposal on upload filters. In the end, a compromise was agreed. Website operators need to know that now.

On the one hand, there was the wish of the EU states to be able to fight terror content on the Internet more effectively through a new regulation. On the other hand, there have been numerous design concerns. In particular, the upload filters provided were highly controversial.

Now the EU has agreed on a law. The upload filters will not be mandatory and there should be exceptions for small platforms.

Terror on the net: delete content within an hour

In principle, stricter rules apply to all Internet platforms on which users can post content. In theory, this ranges from large social media sites such as Facebook to blogs with a comment function. The EU sees the website operator as responsible for moderating terror-related content more strictly.

However, this no longer means, as originally intended, using an upload filter. The obligation to upload filters is off the table, even if platforms can install them voluntarily.

For website operators, however, this means that they do not have to monitor terrorist content using automated measures. Rather, the law provides for specific and appropriate measures. This could mean, for example, a large team of moderators that manually check the content.

At the same time, authorities in all EU countries now have the right to request internet platforms to have terrorist content deleted. The big platforms now have to do this within an hour. There are exceptions for small and non-commercial platforms.

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Even if an internet platform cannot delete content overnight for technical or operational reasons, there are exceptions.

Anyone who does not comply with the request for deletion must expect sanctions. The individual countries determine the exact fines. However, if there is a systematic or persistent violation, the penalty can amount to up to four percent of the annual turnover.

Poland could delete content on German websites

The responsible authorities have an EU-wide deletion right. For example, Poland is allowed to have content from German website operators deleted.

The respective country can contradict this.

There are also restrictions on what content can be deleted at all. Journalistic and artistic content as well as critical expressions of opinion are expressly mentioned as exceptions. The new law is intended to protect freedom of expression.

But there is a back door. States are allowed to check whether, for example, artistic content is only being used as a pretext for terrorist messages, and then nevertheless to apply for deletion.

Critics complain about that too. Because the definition of terrorism refers to the anti-terrorism directive of the EU, which civil rights activists consider to be too “vague” in many places.

Another problem is that the authorities that submit deletion requests do not have to be independent of the government.

At the same time, the new regulation does not allow for a judge’s reservation for blocking requests.

This could leave authoritarian regimes too much leeway to delete content critical of the government without any control under the “terror pretext”. In addition, there already seem to be false deletion requests in the fire extinguishers of some nations.

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So identified that Internet Archive Blog more than 500 incorrect requests against alleged terrorist content. The reported content also included, for example, scientific articles or lyrics by the band “The Grateful Dead”.

Internet platforms work more closely with Europol

The Commission also published a new “Counter Terrorism and Europol Strengthening Agenda”. In addition to tightened measures for entry controls and more protection for victims of terrorism, the European Police Office Europol is to be given more rights.

For example, operators of internet platforms should work more closely with Europol and report suspicious content. Specifically, this means: forwarding personal data.

With all these measures, the EU hopes to stifle the spread of terrorist hate speech online – and thus terrorist attacks – to the core. For their part, platforms such as YouTube and Facebook say that they are already deleting such content within minutes before anyone even sees it.

It therefore remains to be seen how effective the new measures will be.