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

Abstract

As a result of the ‘War on Terror’ domestic governments and the international community have paid increasing attention to counter-terrorism legislation. Given the meteoric rise in prominence of the Internet, and the ever-expanding ‘terrorist’ use of this entity, it is unsurprising that the Internet has now become the focus of legislative attention. However, what does this mean for one of the most fundamental of human rights, the right to freedom of expression? This article will analyse the concepts of incitement, glorification and dissemination as they relate to the Internet, and evaluate their place within the broader framework of the right to freedom of expression. Consequently, ‘context’, the quantifiable circulation of content, and other relevant issues are evaluated through the prism of the Internet. Similarly, the role of the ‘blogger’ is discussed as it relates to the dissemination of information, and the overarching concept of participatory democracy. For illustrative purposes, the United Kingdom's Terrorist Act 2006, and the jurisprudence of the European Court of Human Rights will be of primary interest.