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Publicising Terrorism in Private: Criminal Law, Online Safety and the Meaning of ‘Public Communications’
Stuart Macdonald 
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Jonathan Hall
,
Jonathan Hall
Law Quarterly Review
Swansea University Author:
Stuart Macdonald
Abstract
The Online Safety Act creates the power to impose a Terrorism Content Notice on providers of user-to-user services, requiring them to identify and swiftly remove terrorism content that has been communicated publicly, not privately. A distinction between public and private communications has also bee...
| Published in: | Law Quarterly Review |
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| Published: |
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa66716 |
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| Abstract: |
The Online Safety Act creates the power to impose a Terrorism Content Notice on providers of user-to-user services, requiring them to identify and swiftly remove terrorism content that has been communicated publicly, not privately. A distinction between public and private communications has also been drawn in the practical application of the encouragement of terrorism offence, to which Terrorism Content Notices are inextricably linked via the definition of terrorism content. This article argues that this dichotomous public/private approach is flawed. Through an examination of how Islamic State disseminates its propaganda online, the article demonstrates empirically that such content may be communicated publicly in (what some might regard as) private settings. It discusses various factors that might be considered when answering what should be the key question – whether the content was communicated publicly or not – including the number of users that are able to access the statement and any restrictions on access. |
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| Keywords: |
terrorism, counterterrorism, privacy, propaganda, criminal law, Online Safety Act |
| College: |
Faculty of Humanities and Social Sciences |