Although there are statutory powers under the Terrorism Act 2006 for law enforcement agencies to order unlawful material to be removed from the internet, the committee recommends that internet service providers themselves should be more active in monitoring the material they host, with appropriate guidance, advice and support from the government.
Currently, however, the regime under Article 14, directive 2000/31/EC does not encourage providers to look at the content which they host, for fear of liability; if providers were held harmless from any liability arising from the material they host, perhaps more providers might be willing to undertake such obligations, although there is a potentially significant risk to freedom of speech if this were to happen.
Again, this deals with questions of freedom of speech, regulation of content and jurisdiction issues. I would agree with the Internet Service Providers Association (ISPA) that they are not best placed to determine what constitutes extremist, violent material. Many of these sites may be hosted in countries with different laws so the issue of jurisdiction also plays a role here.
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