The use of the Internet

6
THE USE OF THE INTERNET FOR TERRORIST PURPOSES
(b) Incitement
10. While propaganda per se is not generally prohibited, the use of propaganda by
terrorists to incite acts of terrorism is considered unlawful by many Member States.
The Internet provides an abundance of material and opportunities to download, edit
and distribute content that may be considered unlawful glorification of, or provocation
to, acts of terrorism. It should be noted, however, that some intergovernmental and
human rights mechanisms have expressed doubt that the concept of “glorification” of
terrorism is sufficiently narrow and precise to serve as a basis for criminal sanctions
compliant with the requirements of the principle of legality and the permissible limitations
of the right to freedom of expression, as enshrined in articles 15 and 19 of the
International Covenant on Civil and Political Rights. 9,10
11. It is important to emphasize the distinction between mere propaganda and material
intended to incite acts of terrorism. In several Member States, in order to be held
liable for incitement to terrorism, a showing of the requisite intent and a direct causal
link between alleged propaganda and an actual plot or execution of a terrorist act is
required. For example, in a contribution to the expert group meetings, a French expert
indicated that the dissemination of instructive materials on explosives would not be
considered a violation of French law unless the communication contained information
specifying that the material was shared in furtherance of a terrorist purpose.
12. Preventing and deterring incitement to terrorism in the interest of protecting
national security and public order are legitimate grounds for limiting freedom of expression,
as provided under article 19, paragraph 3, of the International Covenant on Civil
and Political Rights. These grounds are also consistent with article 20, paragraph 2, of
that Covenant, which requires States to prohibit any advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or violence. In
the light of the fundamental nature of the right to freedom of expression, however, any
restrictions on the exercise of this right must be both necessary and proportional to
the threat posed. The right to freedom of expression is also linked to other important
rights, including the rights to freedom of thought, conscience and religion, belief and
opinion. 11
(c) Radicalization
13. Recruitment, radicalization and incitement to terrorism may be viewed as points
along a continuum. Radicalization refers primarily to the process of indoctrination that
often accompanies the transformation of recruits into individuals determined to act
with violence based on extremist ideologies. The process of radicalization often involves
9 General Assembly resolution 2200 A (XXI), annex.
10 See the following reports of the Special Rapporteur on the promotion and protection of human rights and fundamental
freedoms while countering terrorism: A/65/258 (para. 46) and A/61/267 (para. 7); see also the report of the
Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expression, addendum
on the tenth anniversary joint declaration: ten key challenges to freedom of expression in the next decade (A/HRC/14/23/
Add.2).
11 Office of the United Nations High Commissioner for Human Rights, “Human rights, terrorism and counterterrorism”,
Fact Sheet No. 32 (Geneva, 2008), Chap. III, sect. H.