Problem with active detection of terroristic content online: Remarks in the light of EU regulation

Abstract

The new EU regulation is aimed at fighting terroristic content online. Of particular importance are its provisions on special measures and assessment thereof in the light of the directive’s provisions on hosting providers’ liability for online content. EC’s radical proposals in this respect raised serious doubts in the legislation procedure. The European Parliament and the Council intended to ensure the compliance of a regulation blueprint with the directive 2000/31/WE, therefore they proposed a variety of amendments to provisions on special measures. It is, however, doubtful that these guarantee a full coherence with the regime of hosting providers’ liability. In order to tackle terroristic content effectively, it is necessary to transform the existing regime of hosting providers’ liability that was established in the directive almost 20 years ago and does not respond to problems that we currently face.