CTIRU makes an assessment of the legality of material before referring it on to platforms to consider it for removal: :"I underline the fact that any online activity by the three groups under consideration, including
Facebook pages and
Twitter accounts, has been referred to CTIRU. If it is assessed as illegal — there is a legal test that has to be met — CTIRU will flag it directly to Facebook and Twitter for removal." CTIRU appear to assess content on the basis of UK terror legislation: :"All referrals are assessed by CTIRU against UK terrorism legislation (
Terrorism Act 2000 and
2006). Those that breach this legislation are referred to industry for removal. If industry agrees that it breaches their terms and conditions, they remove it voluntarily." Such a notice and assessment would provide "actual knowledge" of criminality by a platform, meaning that a platform would no longer be able to rely upon the defence available as part of the
E-Commerce Directive that they are an intermediary "hosting" content without an awareness of it. Therefore, although a notice sent by CTIRU to a platform - requesting the removal of content - may request compliance on a voluntary basis, such a notice may also act to ensure that a platform is able to be considered as a "publisher" of the content for the purposes of future legal action if the notice is not complied with. ==See also==