In adopting a report on combating terrorism, the EP voted to beef up the data protection provisions of a proposed framework decision on police and judicial cooperation in criminal matters. In a second report on protection of personal data relating to a proposal to include three new offences in European law: public incitement to commit terrorist offences, recruitment for terrorism, and terrorist training, MEPs say the fight against terrorism must not constrain freedom of expression.

The fight against terrorism must not constrain freedom of expression, says the European Parliament in a report it on a Commission proposal to include three new offences in European law: public incitement to commit terrorist offences, recruitment for terrorism, and terrorist training.
 
Aiming to produce a balanced text that can best serve those seeking to prevent radicalisation and the emergence of potential terrorists whilst affording maximum protection to fundamental rights, MEPs adopted a consultation report by Roselyne Lefrançois (PES, FR) with 600 votes in favour 21against and 39 abstentions. This report comes after EP stressed the need to respect data protection issues in the debate about the proposal for closer cooperation between EU Member States in the fight against terrorism and cross-border crime.

Tighter definition of public incitement

MEPs first seek to clarify the definition of "public provocation". This initially used term was replaced by "public incitement", as being clearer and more widely used in legal language.
 
Furthermore, where the proposal would have made it a criminal offence to make available to the public any message intended to incite the commission of a terrorist act, MEPs specify that this conduct would be an offence only if it created a "genuine" danger and not just a "hypothetical" one.

Explicit safeguard clauses

MEPs propose inserting safeguards, throughout the text, for fundamental freedoms and in particular freedom of expression. These provisions took up the safeguard clause already present in the Council of Europe Convention, which the Commission had left out of its proposal.
 
The approved report also reiterates the need to abide by the EU Charter of Fundamental Rights and the European Convention on Human Rights.
 
Finally, it stresses that the framework decision must not prevent the airing of radical, polemic or controversial views, even on terrorism and that the contents of private communications such as e-mail must be protected.