Disseminating or publicly presenting content that may facilitate the commission of a terrorist offense (Article 255a Penal Code)
In the age of the internet and social media, disseminating content has become easier than ever before. In this context, criminal law in Poland had to adapt to the challenges associated with cybercrime. One of the significant threats is the dissemination of content that may facilitate the commission of terrorist offenses. Article 255a of the Penal Code serves as an important tool in combating this phenomenon, regulating the responsibility of individuals who publicly present materials that may support terrorist activities.
What is the dissemination of content that may facilitate the commission of a terrorist offense?
According to Article 255a of the Penal Code, a person who publicly disseminates or presents content that may facilitate the commission of a terrorist offense is subject to criminal liability. This can apply not only to video materials, texts, or images but also to any kind of information that can directly or indirectly contribute to the execution of a terrorist act.
This involves spreading knowledge about the methods of carrying out terrorist attacks, recruiting individuals for terrorist organizations, or promoting ideologies that incite violence. An important aspect is that such content can be disseminated both in traditional media and online – on social media, blogs, discussion forums, as well as in the so-called „dark web.”
Examples of disseminating terrorist content on the internet
Cybercriminals, as well as individuals with extremist views, can use the internet to spread materials that may facilitate the commission of a terrorist offense. The most common forms of such actions include:
- Publishing instructions on how to carry out attacks – This may involve guides, instructional videos, attack plans, advice on producing weapons, explosives, or even conducting sabotage activities.
- Recruitment for terrorist groups – Facilitating contact and recruiting new members for terrorist organizations, especially through online groups and forums that may operate in secret, becoming places for the exchange of ideologies and action plans.
- Promoting terrorist ideologies – Presenting ideologies that incite violence, hatred towards other nations, religions, or social groups, as well as spreading hatred towards state institutions.
- Broadcasting and materials related to attacks – Many terrorist groups use the internet to broadcast attacks or to spread videos documenting their actions to intimidate society and gain new followers.
Article 255a of the Penal Code – Disseminating content that may facilitate the commission of a terrorist offense
According to Article 255a of the Penal Code, a person who publicly disseminates or presents content that may facilitate the commission of a terrorist offense is subject to imprisonment for 6 months to 8 years. This provision introduces severe penalties to prevent the spread of materials that could lead to terrorist acts.
Legal consequences
Actions related to the dissemination of terrorist content carry serious legal consequences. A person who commits such an act may expect:
- Imprisonment – According to Article 255a of the Penal Code, a person responsible for disseminating content that may facilitate the commission of a terrorist offense may be sentenced to imprisonment for 6 months to 8 years.
- Fines – In addition to imprisonment, the court may also impose an additional fine, particularly if the offense did not have an especially aggressive character or pose a significant threat.
- Endangering national security – Disseminating content related to terrorism may pose a direct threat to the security of the country, leading to destabilization, disinformation, and an increase in the number of potential violent acts.
How to avoid disseminating terrorist content on the internet?
To avoid legal consequences related to the dissemination of content that may facilitate the commission of a terrorist offense, it is essential to follow a few key principles:
- Exercise caution when publishing content – One must be aware of what information and materials are shared online. It is important to avoid any actions that may suggest or promote extremist ideologies, violence, or terrorist activities.
- Education on cybersecurity – It is advisable to invest in education regarding cybersecurity and responsibility for actions in cyberspace to understand which content may violate the law and how to recognize dangerous materials.
- Reporting illegal content – If encountering terrorist-related content online, it should be immediately reported to the appropriate law enforcement authorities responsible for monitoring such activities.
Conclusion
Disseminating content that may facilitate the commission of a terrorist offense poses a significant threat to the safety of individuals and society as a whole. According to Article 255a of the Penal Code, those responsible for such actions must face severe legal consequences. The modern challenges related to cybercrime require a responsible approach to internet security to prevent the spread of content that could lead to terrorist attacks and to ensure national security.
Status as of: April 5, 2022.
Cyberlaw by Judyta 