A democratic dénouement? The European Union vs terrorist content online | Um desfecho democrático? União Europeia vs conteúdo terrorista online

Abstract

This paper explores the manifold aspects of the draft Terrorist Content Online ('TCO') Regulation which are of clear import for the democratic future of the internet insofar as they will reshape the boundaries of what is acceptable behavior online and set out tools and procedures for deciding what must be (potentially, pre-emptively) excised from the exchanges taking place there. The piece places particular emphasis on the proposal's ramifications for legal certainty and freedom of expression in cyberspace. In doing so, it aims to raise the most salient policy concerns, legal difficulties and technological quandaries which ripple out from the EU legislator's laudable goal of tackling violent and terrorist content online. The article is structured as follows: after a discussion of the foundational concept of "terrorist content" which applies across the board in the draft text (II), we distinguish its headline provisions tightening up service providers' compliance with orders to remove or disable access to terrorist content (III) from those aspects of the proposal which aim to responsibilise providers to act unassisted against terrorist content, including through the hotly-debated use of proactive measures (IV). A few concluding remarks on the future direction of this live file are offered to close (V).