Platform Liability for Terrorist Activities
Chapter 6 in Paul S Davies and Tan Cheng-Han SC (eds), Intermediaries in Commercial Law (Hart Publishing 2022) 117-36
Posted: 15 Nov 2022
Date Written: March 12, 2022
In recent years, there have been growing concerns that online platforms, such as Twitter and YouTube, are being used to facilitate terrorist activities. Regulators worldwide have pressured online platforms to take more proactive measures against extremist content. Victims of terrorist attacks brought a series of claims against online platforms to seek compensation for their loss.
This chapter considers whether and, if so, to what extent it is appropriate to impose legal duties on online platforms to detect and prevent terrorist-related activities. It proceeds as follows. Section II explains the various ways in which terrorists and their supporters use online platforms to facilitate terrorist activities. Section III sets out both the benefits and costs of imposing gatekeeper liability on online platforms to combat terrorism. Section IV critically examines two approaches to platform liability for terrorist-related content.
Keywords: Online intermediary, platform liability, secondary liability for terrorist activities
JEL Classification: K13, K14, K20
Suggested Citation: Suggested Citation