Legal measures to control on-line Jihadism : the right to life and the rights of freedom of expression and association in an Internet without borders

Abstract

This paper is intended to provide insights into an area which has largely proved to be lacking in direct, clear answers. As an essential prelude to its search for legal measures to counteract the online Jihad, this paper first analyses the intrinsic tensions within three fundamental human rights: the right to life, the right to freedom of expression and the right to freedom of association. In order to better identify and understand the main issues in the problem area which legal measures should address, the basic concepts of radicalisation, online extremism and the journey of an individual from radicalisation to violent extremism, are also analysed in some detail. The paper then moves on to critically examine the dangers posed by these online threats and finally it uses the UK as a case study in order to review what legal measures are have been devised to counter this online danger, all the while keeping aligned with fundamental rights and freedoms. The paper concludes that legal measures to counter online violent extremism such as Jihad on the Internet is very much work in progress worthy of further research.