Gone in 60 Minutes: Distribution of Terrorist Content and Free Speech in the European Union

Abstract

ABSTRACT The glorification of terrorist offenses and the dissemination of radical content in digital services pose a serious problem, which requires not only technical but also legal measures. It is therefore not surprising that legislatures, also in response to public expectations, are increasingly eager to implement new laws aimed at the removal of terrorist content. The result, however, is also a number of controversies concerning the proportionality of the measures taken – especially insofar as concerns the “flip-side” aspects of respect for freedom of speech and the creation of preventive censorship mechanisms. An example of such a measure, introduced by EU Regulation 2021/784, is the 1-hour data removal order. These orders, issued by national authorities, make it possible to oblige a digital service provider to delete online content almost immediately. The lack of prior judicial review and the short time to comply with the order are features that, on the one hand, ensure high effectiveness in removing illegal content, but on the other hand increase the risk of abuse of power. The aim of this paper is to discuss the doubts concerning the compliance of 1-hour removal orders with the EU model of fundamental rights protection. Against this background, conclusions will also be drawn from the analysis of similar German and French provisions. As a result, it will be possible to identify areas for improvement in the current legislation, which seems necessary to be taken into account in order for the EU’s actions to support public security objectives without creating the risk of a significant breach of fundamental rights.