Blocking and filtering : controlling terrorist and pornographic on-line content or censoring the internet?

Abstract

This research project sets out to examine whether the blocking and filtering of terrorist and pornographic material amounts to a justified interference under Article 10 of the European Convention of Human Rights. The denial of access to websites containing illegal content is characterised by a lack of legislative basis as well as a lack of proportionality in the remedies afforded to the aggrieved individual. Although any action undertaken by the state to eliminate child pornography or material inciting terrorism should be praised, there is an evident lack of legitimacy to blocking and filtering, making it more likely for authorities to abuse this system. Malta adopts a similar initiative which is known as the Child Abuse Internet Filter and which allows Police to order the blocking of websites to ISPs through an established Memorandum of Understanding in between the two parties and which is not accessible to the public. Although several critics have come forward against the notion of blocking and filtering, it is difficult the state withdrawing its presence from the Internet. Subsequently, if an authority is going to deny access to a website, this power should be derived from a legislation which clearly delineates the scope of its discretion and gives affected individuals the right to contest this decision before an independent and impartial tribunal.