Tuesday

14th Aug 2018

EU terror law risks making protest a crime

  • France and Belgium have deployed soldiers to patrol streets in the wake of the terror attacks (Photo: Reuters)

A new anti-terror law backed by EU states contains rules that could be used to crack down on civil dissent.

Endorsed at the political level on Tuesday (30 November) by most EU states, the directive on combating terrorism has riled human rights activists for its vague notions of terrorism.

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 18 year's of archives. 30 days free trial.

... or join as a group

The bill borrows heavily from recent laws in France that allow the authorities to tell internet firms, without any judicial oversight, to block sites that "glorify" terrorism.

But those measures have already led to a series of embarrassments and errors.

Orange, a French telecoms firm, shut down Google and Wikipedia for an entire morning in October in France. Both had been added to Orange's terror watch list. People were instead redirected to a French interior ministry website, where their IP addresses were then flagged.

"There is no list of blocked sites and there is not right of appeal, until pretty much after the fact," said Adrienne Charmet, spokesperson at La Quadrature du Net, a Paris-based digital rights NGO.

"Once we start accepting this type of blocking, it is difficult to stop expanding it to other subjects," she noted.

David Thomson, a French investigative journalist who works on jihadism, has also had his Facebook account blocked several times.

France had also passed a law in June that makes it a crime to visit a so-called terrorist website. The country has since incarcerated around 20 people.

"It is used to detain or imprison individuals without any proof of them being dangerous or being radicalised," said Charmet.

"It presupposes intent. If you just want to consult a website, does that make you a terrorist?"

The EU directive on combating terrorism contains similar provisions. Internet firms are tasked, on a voluntary basis, to remove the content once asked by the police.

But some view the "voluntary" aspect as a means for authorities to work around human rights laws.

"It is legitimising concepts, firstly, that blocking is an acceptable strategy, in the absence of any agreement on what blocking is. It is legitimising the notion that it can be done outside the legal framework on a voluntary basis by the internet companies," said digital rights advocate Joe McNamee at the Brussels-based EDRi.

The full text of the bill has yet to be made public given that it still needs to be voted through the EU parliament in December.

But the latest text, dated 24 November and seen by this website, appears to have evolved somewhat.

Lawmakers have added a last minute so-called recital to ease the burden on internet firms, noting they can't be held responsible for hosting terrorism content they are not aware of.

It also notes that the intention of the directive is not to ask the firms to pro-actively block anything that could look like terrorism.

Not everyone will be happy with that. Rachida Dati, a French centre-right MEP and former justice minister of France, had wanted sites to be deemed complicit of terrorism if they failed to remove content fast enough.

Google removed 92 million videos related to terrorism and or to hate last year alone.

"These two violations only account for 1 percent of content that was removed," a Google representative told MEPs earlier this week.

Civil disobedience - a new crime

But what constitutes terrorism today, in the context of the fight against Islamic state operatives, is also likely to evolve over time to mean something else ten years from now.

Marloes van Noorloos, assistant professor of criminal law at Tilburg University in the Netherlands, noted for instance that "any glorifying remark you could make about Nelson Mandela or Che Guevara, in principle, it is part of the definition".

The EU directive notes that a terrorist offence includes "seriously destabilising" a whole set of vague structures from the "political" to "economic".

Rights groups like Human Rights Watch say such efforts gives governments way too much leeway to misuse the directive.

Another big worry is that the directive requires states to criminalise an accumulation of preparatory acts that may have a minimal or no link to terrorism.

The bill makes it a criminal offence to travel to join the ranks of the Islamic State militant group, or to receive training for terrorist purposes.

But Human Rights Watch says the broad wording behind the offences are likely to lead to a violation of rights.

EU wants tech firms to police internet

The European Commission wants private companies to police the internet for hate speech. But civil groups and CEOs of major tech firms object, preferring clear rules and regulations.

EU Commission skirts Italy sanctions on Roma evictions

The European Commission, as guardian of the treaties, declines to sanction Italy's treatment of the Roma following a forced eviction on Thursday of some 300 from a camp in the outskirts of the Italian capital.

News in Brief

  1. Malta to allow Aquarius migrants to disembark
  2. Juncker sends condolences over Genoa bridge collapse
  3. EU pledges €500,000 more for Indonesian earthquake island
  4. EU commission in talks with states on new Aquarius migrants
  5. Man held after car crashes into UK parliament security barrier
  6. Brexit delays better readability of medicines' instructions
  7. Masked youths set dozens of cars alight in Sweden
  8. Spain and Italy refuse new Aquarius-rescued migrants

Opinion

The systemic risk that Europe has to face

One of the biggest systemic risks across Europe, illustrated by Hungary and Poland, is the dominance of the executive power over the judiciary and informal channels of political dependency.

Schengen at stake in Austria-Germany talks

German interior minister Horst Seehofer is in Vienna on Thursday - as his plan to reject some asylum seekers was met by an Austrian threat to close its borders too.

Stakeholders' Highlights

  1. ACCACompany Law Package: Making the Best of Digital and Cross Border Mobility,
  2. IPHRCivil Society Worried About Shortcomings in EU-Kyrgyzstan Human Rights Dialogue
  3. UNESDAThe European Soft Drinks Industry Supports over 1.7 Million Jobs
  4. Mission of China to the EUJointly Building Belt and Road Initiative Leads to a Better Future for All
  5. IPHRCivil society asks PACE to appoint Rapporteur to probe issue of political prisoners in Azerbaijan
  6. ACCASocial Mobility – How Can We Increase Opportunities Through Training and Education?
  7. Nordic Council of MinistersEnergy Solutions for a Greener Tomorrow
  8. UNICEFWhat Kind of Europe Do Children Want? Unicef & Eurochild Launch Survey on the Europe Kids Want
  9. Nordic Council of MinistersNordic Countries Take a Stand for Climate-Smart Energy Solutions
  10. Mission of China to the EUChina: Work Together for a Better Globalisation
  11. Nordic Council of MinistersNordics Could Be First Carbon-Negative Region in World
  12. European Federation of Allergy and AirwaysLife Is Possible for Patients with Severe Asthma

Latest News

  1. EU commission steps up legal case against Poland
  2. Separation of powers instead of 'Spitzenkandidat' process
  3. Revealed: ExxonMobil's private dinner with Cyprus' top EU brass
  4. What Salvini teaches us about Operation Sophia
  5. 14 lobbyist meetings with Oettinger and Canete went unminuted
  6. UK poll suggests Brits would now vote Remain
  7. Some EU states face delays in 5G preparation
  8. Nordic and Baltic farmers urgently need EU support

Stakeholders' Highlights

  1. PKEE - Polish Energy AssociationCommon-Sense Approach Needed for EU Energy Reform
  2. Nordic Council of MinistersNordic Region to Lead in Developing and Rolling Out 5G Network
  3. Mission of China to the EUChina-EU Economic and Trade Relations Enjoy a Bright Future
  4. ACCAEmpowering Businesses to Engage with Sustainable Finance and the SDGs
  5. Nordic Council of MinistersCooperation in Nordic Electricity Market Considered World Class Model
  6. FIFAGreen Stadiums at the 2018 Fifa World Cup
  7. Mission of China to the EUChina and EU Work Together to Promote Sustainable Development
  8. Counter BalanceEuropean Ombudsman Requests More Lending Transparency from European Investment Bank
  9. FIFARecycling at the FIFA World Cup in Russia
  10. Nordic Council of MinistersOECD Report: Gender Equality Boosts GDP Growth in Nordic Region
  11. Centre Maurits Coppieters“Peace and Reconciliation Is a Process That Takes Decades” Dr. Anthony Soares on #Brexit and Northern Ireland
  12. Mission of China to the EUMEPs Positive on China’s New Measures of Opening Up

Join EUobserver

Support quality EU news

Join us