Responding to The Fundamental Human Rights Challenges Arising from The Dissemination of Terrorist Content Online in Light of the Counter-Terrorism Legal Regime of the EU

Introduction
In the digital age, terrorists have moved to the online space, and this shift has created new threats that necessitate the development of appropriate legal frameworks. One of the main challenges in this regard is the conflict between safeguarding freedom of speech and combating terrorist content. On the one hand, freedom of expression must be guaranteed, while on the other hand, this freedom may become a tool for promoting violence. On April 29, 2021, the European Union adopted Regulation 784/2021 to address the spread of terrorist content online. This regulation specifically focuses on preventing the abuse of online hosting services for disseminating terrorist content and serves as a complement to the EU’s 2017 Directive on




Responding to The Fundamental Human Rights …                               Peyman Namamian




countering terrorism, aiming to protect public security and prevent online harm. However, this regulation faces human rights challenges, especially in preserving fundamental individual rights and preventing violations of freedom of speech. Human rights activists have raised concerns regarding the impact of this regulation on fundamental rights. Consequently, the challenges in this area can be divided into two categories: 1) challenges related to human rights and the protection of freedom of expression, and 2) technical and operational challenges in monitoring and removing terrorist content.
 
Method
 The article uses a descriptive-analytical approach to examine the challenges posed by EU Regulation 784/2021 in combating online terrorism. The findings indicate that although this regulation is a significant step in the fight against terrorism, it is essential to strike a proper balance between public security and fundamental individual rights to prevent violations of personal rights. Additionally, the article analyzes the nature and legal structure of crime, emphasizing the importance of maintaining this balance in the regulatory process.
 
Results and Discussion
 In the digital space, issues related to content regulation, especially in the areas of "misinformation" and “terrorist content”, have created complex legal and conceptual challenges. One of the most important challenges is the precise definition of “terrorist crimes”, which remains a subject of dispute at the international level. These ambiguities have prevented terrorist concepts from effectively addressing new threats, such as digital terrorism. Digital terrorism not only poses a threat to national security but can also lead to violations of human rights and individual freedoms.
EU Regulation 784/2021, aimed at combating online terrorist content, identifies five main categories of such content: incitement to commit terrorist offenses, dissemination of terrorist information, participation in terrorist groups, instructions for making explosives, and threatening behavior. These regulations seek to transfer terrorist content from the physical space to the digital one, but there are still challenges in aligning terrorist concepts with the realities of the virtual space.
One of the complex issues is striking a balance between freedom of expression and national security. International conventions, such as the International Covenant on Civil and Political Rights, set limitations on state interference in freedom of speech. However, in the digital space, which operates globally and is complex, assessing these limitations is difficult, especially when the detection and management of terrorist content are not easily achievable. This balance can lead to violations of human rights and digital freedoms, particularly when decisions are made without transparency and are cross-border in nature.




Volume 18, Issue 3, Autumn 2026




Regulation 784/2021 grants national authorities the power to issue orders for the removal of online terrorist content, but this process faces challenges. One of the challenges is the uncertainty in defining terrorist content and its consequences for freedom of expression. Concerns grow when non-transparent, cross-border decisions are made, as this could lead to violations of human rights and digital freedoms.
Regulations and laws must be updated in line with digital developments and new technologies. This process must be designed in such a way that it prevents the spread of terrorist content while ensuring that fundamental rights are not violated. Human rights approaches in countering digital terrorism should be designed to protect national security while respecting individual freedoms and human rights.
 
Conclusion
 In recent decades, with the expansion of anti-terrorism regulations, crimes related to terrorism and the criminalization of radical speech have increased. The European Union has adopted regulations to address online terrorist content, but due to ambiguities in definitions and implementation approaches, these efforts have not been fully effective in preventing the spread of such content. The EU must adopt new regulations that increase legal transparency while simultaneously preserving freedom of expression. Effective solutions in this area include the use of advanced technologies such as artificial intelligence for the rapid identification of terrorist content, providing precise definitions of terrorist content, and strengthening cooperation between security authorities, IT experts, and judicial officials. Additionally, ensuring the protection of human rights and collaborating with human rights organizations to prevent violations of individual freedoms is of particular importance.