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Online terrorism: the reporting system launched by the European Union works

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Online terrorism: the reporting system launched by the European Union works

Russia’s aggression in opposition to Ukraine, the terrorist assault launched by Hamas in opposition to Israel on 7 October 2023, the continued warfare within the Gaza Strip have led to a improve within the unfold of terrorist content material on-line. The European Commission highlighted this within the report introduced to the EU Parliament and the Council on the implementation of Regulation (EU) 2021/784, referring to combating the unfold of terrorist content material on-line, revealed on 12 February 2024 (COM(2024) 64, on-line terrorism)accompanied by working doc SWD(2024)36, SWD terrorism).

The impression of the brand new regulatory framework

Over the years, the EU regulatory framework has additionally been strengthened due to the adoption of the regulation on digital companies, however the diffusion of the phenomenon stays excessive. In the doc introduced in February, the Commission indicated that it had obtained, in 2023, info on 349 orders to take away terrorist content material issued by six Member States (Austria, Czechia, France, Germany, Romania and Spain), adopted by interventions by internet hosting service suppliers to take away content material or disable entry. Proof – writes the Commission – of the functioning of the instruments provided by the regulation, even when in ten circumstances the contents weren’t eliminated and entry was not disabled by the internet hosting service supplier inside the most interval of 1 hour established by the regulation . Among the optimistic knowledge, the Commission highlights chand as of 31 December 2023 “no internet hosting service supplier was uncovered to terrorist content material as outlined in Article 5(4) of the Regulation”. The Europol software PERCI (Platforme Européenne de Retraits des Contenus illégaux sur Internet) is absolutely operational, however difficulties have emerged in transmitting elimination orders to internet hosting service suppliers based mostly in third international locations.

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The reporting mechanism has additionally been activated in 9 circumstances in circumstances the place there’s an imminent menace to life beneath Article 14 which offers that, in such a scenario, the internet hosting service supplier instantly informs the the investigating authority or Europol.

The delay of the Member States

The states, nevertheless, are late in designating the competent authorities, with the consequence that the European Commission has despatched 22 letters of formal discover, following which nearly all States proceeded with implementation by figuring out the nationwide authority. Italy, with the legislative decree of 24 July 2023 n. 107 “Adaptation of nationwide laws to the provisions of Regulation (EU) 2021/784 of the European Parliament and of the Council, of 29 April 2021, referring to combating the unfold of terrorist content material on-line”(DLGS 107), has already proceeded with the identification of the competent nationwide authority for the elimination of content material in opposition to the internet hosting service supplier within the case of terrorist content material. This is the general public prosecutor’s workplace competent in keeping with the provisions of the legal process code and, in some circumstances, the general public prosecutor’s workplace of the courtroom of the capital of the district which first acquired the data referring to the presence on the networks of the fabric terrorist. Among the competent buildings, the Legislative Decree remembers the Anti-Terrorism Strategic Analysis Committee (CASA), the Committee established on the Department of Public Security of the Ministry of the Interior with decree of the Ministry of the Interior of 6 May 2004, which regulated the National Plan for the administration of occasions of a terrorist nature, the Department of Public Security and the Body of the Ministry of the Interior for the safety and regularity of telecommunications companies.

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