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EU ministers back terror publishing restrictions

OUT-LAW News, 21/04/2008

A European Commission plan to outlaw the publishing of bomb making instructions has been given the approval of the EU's 27 member states.

Justice, Freedom and Security Commissioner Franco Frattini had previously outlined a plan to make it a crime to publish bomb-making instructions on the internet because of the perceived increased threat of terrorist attacks in the wake of attacks in New York, Washington, Madrid and London in recent years.

Justice and interior ministers from the EU's member states have approved the plan to harmonise laws on criminal terrorism to include online publishing. Under the Commission-proposed plans which received ministers' approval, three new offences will be included in laws, "public provocation to commit a terrorist offence, recruitment, and training for terrorism".

"The internet is used to inspire and mobilise local terrorists, functioning as a virtual training camp," said ministers in an agreed statement. "Each member state shall take the necessary measures to ensure that terrorist-linked offences include public provocation to commit a terrorist offence, recruitment for terrorism, training for terrorism."

The plans have angered some civil liberties activists who claim that any new laws could be used to suppress free speech.

UK Liberal Democrat MEP Sarah Ludford told a round table discussion at the Parliament that she was worried that the measures could be used to silence legitimate protest.

She cited recent news reports that UK police threatened anti-China protestors at the display of the Olympic Torch with arrest under anti-terror laws as evidence that such laws could be abused.

The ministers agreed to a Commission-proposed amendment to a 2002 Council Framework Decision on combating terrorism.

"The amendment … is intended to harmonise national provisions on public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism, so that these forms of behaviour are punishable, also when committed through the internet, throughout the EU, and ensure that existing provisions on penalties, liability of legal persons, jurisdiction and prosecution applicable to terrorist offences, apply also to such forms of behaviour," said a Commission statement.

The proposal must be discussed at a national level before being confirmed again by ministers.

It is already illegal in the UK to incite terrorism, and this law applies to internet activity regardless of the location of the server carrying the information.

 

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