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How is terrorism designated?

Tech Against Terrorism published a new report this week on designating terrorism which reveals that “there has been a limited application of designation when it comes to tackling terrorist content online.”

Tech Against Terrorism is an initiative launched and supported by the United Nations Counter Terrorism Executive Directorate (UN CTED) working with the global tech industry to tackle terrorist use of the internet whilst respecting human rights.

The initiative’s report refers to ‘designation’ as “the international system by which the authorities within a jurisdiction can classify either a group or an individual as ‘terrorist’.

“It is a legal tool that permits the curtailment of designated entities’ rights, limiting terrorists’ entitlement to travel or receive funds.”

The report, published on 24 March, states that “tech companies are confronted with the challenge of operating across differing judicial systems with varying approaches to the proscription of terrorists” when it comes to countering terrorists online.

The report states: “Tech companies are therefore forced to navigate this complexity and must ultimately bear the burden of defining terrorist entities, a responsibility that should be led by governments.”

The report analyses 12 different global designation systems and illustrates how some designation lists are rooted in the definition of terrorism whilst others are not.

“Canada’s list, for example, is dependent on the definition of terrorism and terrorist activity, whilst Germany’s list labels groups as anti-constitutional rather than attributing such groups according to the terrorism definition,” the report reveals.

The strategy paper “Who Designates Terrorism? A Review and Proposal of the Practice of Designation and the Need for Legal Clarity to Moderate Terrorist Content Online” offers some key recommendations for designating terrorism.

Key recommendations are:

Transparent designation systems

Where designating authorities make their list of designated, proscribed, dissolved, or banned organisations both public and easily accessible.

Clarity on the online terrorist content

Including a clear definition of “terrorist content” in online regulation or Terrorism Acts

Designation of far-right terrorist entities

Reflecting the emerging threat landscape and responding to the danger stemming from national and trans-national far-right terrorist groups.

Upholding Human Rights

Ensuring accountability and right to appeal

(Source: Tech Against Terrorism)

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