Freedom of Expression, Counter-Terrorism and the Internet in Light of the UK Terrorism Act 2006 and the Jurisprudence of the European Court of Human Rights
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Writen byDaragh Murray - PublisherIntersentia (for the Netherlands Institute of Human Rights – SIM, Utrecht University)
- Year2009
This article analyses the tension between freedom of expression and counter-terrorism laws in the United Kingdom, focusing on online communication and publication under the Terrorism Act 2006. Key arguments and focus areas: The UK Terrorism Act 2006 introduced offences related to indirect encouragement or glorification of terrorism — provisions that raise serious questions under Article 10 of the European Convention on Human Rights (ECHR). Murray examines the jurisprudence of the European Court of Human Rights (ECtHR) on free expression, assessing whether UK measures are compatible with the necessity and proportionality tests required under Article 10(2). The article highlights the Internet’s amplifying effect on radical and extremist speech, and how digital communication challenges traditional legal frameworks. Argues that while governments have legitimate security concerns, broad and vague counter-terrorism restrictions risk undermining core democratic freedoms and legitimate political dissent. Concludes that the UK’s legislative approach fails to meet ECtHR standards, particularly regarding foreseeability and proportionality in restricting online expression.Current Relevance (2020s–2025) Continuing Legal Significance: The legal questions raised remain central to ongoing debates about digital regulation, online radicalisation, and freedom of speech in counter-terrorism contexts. Especially relevant after the rise of online extremist content regulation (e.g., EU Digital Services Act, UK Online Safety Act 2023). Policy Impact: Murray’s analysis provides an early framework for balancing national security and online civil liberties, foundational for contemporary AI-driven content moderation debates. Academic Use: Frequently cited in human rights and media law literature as a key reference on post-9/11 counter-terrorism legislation and free speech. Practical Relevance: Informs NGOs, regulators, and policymakers dealing with the human rights implications of online speech control and counter-extremism initiatives.
