What is terrorist content?

Since the TCO Regulation is all about terrorist content disseminated online, it is key to provide a definition. EU Directive 2017/541): lays the basis for the TCO regulation by defining what is understood as terrorist content.

Content is regarded as terrorist when it incites to commit actions or fosters intentions in favour of the terrorist cause, thus directly or indirectly contributing to the threat of terrorist offences.

Threatening to commit a terrorist offence also counts as terrorist content, as does the provision of information, support, or funding for these acts.

Types of terrorist offences

Terrorist offences can include the following (EU Directive 2017/541, Art. 3):

• Attacks upon a person’s life or one’s physical integrity
• Kidnapping or hostage-taking
• Causing extensive destruction to specific facilities and infrastructure (e.g. governmental/public facilities, transport and information systems) likely to endanger human life or result in major economic loss
• Seizure of aircraft, ships or other means of public or goods transport
• Manufacture, possession, acquisition, transport, supply or use of explosives or weapons and research into, and development of, chemical, biological, radiological or nuclear weapons
• Release of dangerous substances, or causing fires, floods or explosions, and the disruption of fundamental resources (e.g. water, power) with which human life is endangered
• Interfering with or disrupting the supply of water, power or any other fundamental natural resource, with which human life is endangered

Directing a terrorist group or intentionally participating in its activities is also regarded as a criminal offence (EU Directive 2017/541, Art. 4). This includes supplying (informational) resources (e.g. instructions or materials to build weapons) for terrorist causes or funding of such activities.

With such offences, terrorist actors aim to (a) seriously intimidate the public, (b) unduly compel a government or an international organisation to (abstain to) carry out a specific act, or (c) seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation EU Directive 2017/541, Art. 3).

To sum up, content is understood as terrorist content when it enables, supports, or facilitates a terrorist offence or when a threat to commit a terrorist offence is included in it.