Terrorist content online (TCO Regulation)
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Summary
Regulation (EU) 2021/784 lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online. It empowers competent authorities to issue removal orders requiring hosting service providers to remove or disable access to terrorist content within one hour of receipt. It also establishes rules on referrals, transparency reporting, complaint and redress mechanisms, and safeguards for freedom of expression and information.
Who is affected?
Hosting service providers offering services in the EU (including providers established outside the EU but offering services in the Union), national competent authorities designated by Member States, and Europol (notably for referrals). Users whose content is removed or disabled are also affected through notice, complaint and redress mechanisms.
Scope
Applies to hosting service providers offering services in the EU in relation to the dissemination to the public of terrorist content, setting procedures for removal orders, referrals and related safeguards.
Key Points
- Competent authorities may issue binding removal orders requiring removal or disabling access to terrorist content.
- Hosting service providers must comply with removal orders within one hour of receipt.
- Referral mechanism (including by Europol) to alert providers to potential terrorist content, without creating a general monitoring obligation.
- Obligations on providers to inform content providers/users, provide complaint mechanisms, and enable judicial redress.
- Transparency reporting and cooperation requirements, including points of contact and information-sharing with authorities.
- Safeguards to protect freedom of expression and information, including requirements of necessity and proportionality and rules on penalties.
Key Deadlines
- — Date of application (Regulation (EU) 2021/784 applies from this date).
Related Regulations
Frequently Asked Questions
Who must comply with the TCO Regulation?
All hosting service providers offering services in the EU, regardless of whether they are established inside or outside the EU, must comply. National competent authorities and Europol also have roles in issuing removal orders and referrals.
What types of content are covered by the TCO Regulation?
The regulation applies to content that is considered 'terrorist content' as defined by EU law, specifically material intended to incite, solicit, or contribute to terrorist offenses, or provide instructions for such acts.
What is the main obligation for hosting service providers under this regulation?
Hosting service providers must remove or disable access to terrorist content within one hour of receiving a removal order from a competent authority.
What are the penalties for non-compliance with the TCO Regulation?
Member States must establish effective, proportionate, and dissuasive penalties for providers who fail to comply with removal orders or other obligations under the regulation.
How does the referral mechanism work under the TCO Regulation?
Competent authorities and Europol can refer potential terrorist content to hosting service providers, who then assess the content against their own terms and conditions. Referrals do not impose a legal obligation to remove content, unlike removal orders.
What safeguards exist to protect freedom of expression and information?
The regulation requires that removal orders be necessary and proportionate, and includes obligations to inform users, provide complaint and redress mechanisms, and ensure transparency.
What transparency obligations do hosting service providers have?
Providers must publish annual transparency reports detailing the actions taken regarding terrorist content, including the number of removal orders received and how they were handled.
How does the TCO Regulation interact with other EU laws?
The TCO Regulation complements existing EU law on illegal content and does not impose a general monitoring obligation, aligning with the e-Commerce Directive and the Digital Services Act.
What practical steps should hosting service providers take to comply?
Providers should establish rapid response procedures, designate points of contact, implement systems to process removal orders within one hour, and set up mechanisms for user notification and complaints.
What rights do users have if their content is removed?
Users must be informed when their content is removed or disabled and have access to complaint and judicial redress mechanisms to challenge removal decisions.
Key Terms
- Removal Order
- A legally binding instruction from a competent authority requiring a hosting service provider to remove or disable access to specific terrorist content within one hour.
- Hosting Service Provider
- An entity offering information society services consisting of the storage of information provided by a user, accessible to the public, within the EU.
- Terrorist Content
- Online material that incites, solicits, or contributes to terrorist offenses, or provides instructions for such acts, as defined by EU law.
- Competent Authority
- A national authority designated by an EU Member State to issue removal orders and oversee the application of the TCO Regulation.
- Referral
- A notification from a competent authority or Europol to a hosting service provider alerting them to potential terrorist content, without imposing a removal obligation.
- Transparency Report
- An annual public report by hosting service providers detailing the number and handling of removal orders, referrals, and related actions taken under the regulation.
- Complaint Mechanism
- A process established by hosting service providers allowing users to challenge the removal or disabling of their content.
- Judicial Redress
- The right of users or providers to seek review by a court or tribunal regarding the legality of removal orders or content removal.
- Point of Contact
- A designated contact within a hosting service provider responsible for receiving and processing removal orders and referrals from authorities.
- Proportionality and Necessity
- Principles requiring that removal orders and related actions are limited to what is strictly necessary and proportionate to achieve the regulation’s objectives.