Rule detail : 58717

EP Removal of Terror Content Online

On Apr. 17, EP agreed position on terrorist content online regulation.

EP said terrorist content online should be removed within one hour of authorities order.
Regulation aims to combat radicalization and will help to contribute to public security.
Proposal aims to tackle the misuse of internet hosting services for terrorist purposes.
Background
Follows EC Mar. 2018 recommended operational measures applied to online platforms.
To fight against terrorism, before EC decided if it will propose legislation, see #40448.
Follows EC Mar. 2019 response to terrorist attacks in Christchurch. New Zealand, which had strengthened its resolve to tackle challenge of terrorism, extremism and hatred.
Online Measures
Requires internet companies to remove terrorist content within one hour of an order.
Companies that persistently fail to abide in this may be fined up to 4% global turnover.
There is no general monitoring obligation of online platform or compulsory use of filter.
Orders may target any material -text, images, sound recordings or videos- that incites or solicit the commission, including a contribution to, commission of terrorist offences.
Covers the provision of instructions for commission of such offence, such as guidance on how to make or use explosives, firearms, and other weapons for terrorist purpose.
Expression of polemic, controversial views, are not to be considered terrorist content.
Content disseminated for educational, journalistic, research should also be protected.
If company is subject to a substantial number of removal orders, the authorities may request additional specific measures, such as reporting, or further human resources.
Next steps
Newly-elected EP will be in charge of negotiating with Council of EU on the final text.
Mar. 3, 2021 Council Position
On Mar. 3, 2021, EU CNCL issued its position at first reading and statement of reasons.
Mar. 5, 2021 Written Procedure
On Mar. 5, 2021, EU CNCL issued note on decision to use the written procedure for the adoption of Council's position at first reading and of statement of Council's reasons.
Mar. 16, 2021 Outcome
On Mar. 16, 2021, EU CNCL issued communication on outcome of written procedure.
All delegations voted in favor of the adoption of the Council’s position at first reading.
The required qualified majority has been reached; therefore, the above position of the Council at first reading and the statement of the Council's reasons are adopted.
The statement by Denmark is reproduced in the annex and will be included in minutes.
Mar. 17, 2021 Correction
On Mar. 17, 2021, EU CNCL issued correction to communication on written procedure.
And amended statement of the Council's reasons to add word addressing to title.
Mar. 18, 2021 EC Communication
On Mar. 18, 2021, EU CMSN sent communication to the EP on EU Council position.
On adoption of a regulation to address the dissemination of terrorist content online.
After presenting the position EC said it accepts it as the overall political agreement reached reflected in the position preserves the main objectives of the proposal.
Agreed text constitutes balanced approach ensuring terrorist content online is tackled effectively, comprehensive set of safeguards to protect fundamental rights is provided.
Hosting services providers active in the EU will follow uniform and proportionate rules.
Mar. 24, 2021 Correction
On Mar. 24, 2021, EU CNCL issued correction to the text of the proposed regulation.
Correction addressed obvious errors in the Slovenian language version of regulation.
Apr. 11, 2021 Correction
On Apr. 11, 2021, EU CNCL issued correction to the text of the proposed regulation.
Correction addressed obvious errors in the Romanian language version of regulation.
Apr. 28, 2021 EP Adopt Rules
On Apr. 28, 2021, EP adopted new rules for quick removal of terrorist content online.
Platforms will have maximum 1 hour to remove flagged content in all member States.
Educational, research, artistic and journalistic work will however be protected.
Internet platforms will not have a general obligation to monitor or filter content.
Should publish annual transparency reports on what action they have taken to stop.
The regulation will enter into force on the twentieth day following publication in the OJ.
It will start applying 12 months after its entry into force.
Apr. 29, 2021 EU CNCL Adoption
On Apr. 29, 2021, EU CNCL adopted regulation on removal of terrorist content online.
Regulation in force on the twentieth day following publication in the Official Journal.
It shall apply from twelve months after the entry into force of the Regulation.
May 2021 Official Journal
On May 17, 2021, EP, EU CNCL regulation 2021/784 of Apr. 29, 2021 on addressing the dissemination of terrorist content online was published in official journal.
Regulation enters into force Jun. 6, 2021, for application from Jun. 7, 2022.
Jun. 2021 Entry into Force
On Jun. 7, 2021, EU CMSN announced entry into force of EU rules on terrorist content.
Jun. 2022 Application
On Jun. 7, 2022, EU CMSN confirmed terrorist online content rules enter application.
Hosting service providers should take down terrorist content online within one hour.
It is compulsory for platforms to take measures when exposed to terrorist content.
Removal orders must contain justifications as to why material is considered to be terrorist content, including detailed information on how to challenge the removal order.
Safeguards respect of fundamental rights, such as freedom of expression and right to information: e.g. exemption for educational, journalistic, artistic, research purposes.
Member states can impose penalties for non-compliance and decide on level of these.
Obligations for online platforms and national authorities to report annually on amount of content removed, outcomes of complaints and appeals, and penalties imposed.
In Apr. 2024, EC called for evidence on evaluation of TCO regulation, see #208328.

Regulators	EP; EU CMSN; EU CNCL
Entity Types	Corp; OTHER
Reference	PR, IP/22/3479, 6/7/2022; PR, MEX/21/2883, 6/7/2021; OJ L 172/79, 5/17/2021; Reg 2021/784, PR, PE-CONS 19/21, 4/29/2021; PR 20210422IPR02621, P9_TA(2021)0144, 4/28/2021; PR, 7679/21, 4/11/2021; PR, ST 14308/1/20 REV1, 3/24/2021; PR, ST-7156-2021-INIT, 3/18/2021; 2018/0331(COD), COM(2021) 123 final, 3/17/2021; PR, CM 2261/21 COR 1, 14308/1/20 REV 1 ADD 1, 3/17/2021; PR, CM 2261/21, 3/16/2021; PR, 6685/21, 3/5/2021; PR, 14308/20, ADD 1, 3/3/2021; PR, 4/17/2019; COM(2018) 640, 12/9/2018; 2018/0331 (COD); Fintech;
Functions	Advertising; AML; Compliance; Exams; Legal; Operations; Privacy; Product Design; Reporting; Technology
Countries	European Union
Category	Central Government
State
Products	Corporate; Education
Regions	EMEA
Rule Type	Final
Rule Date	4/17/2019
Effective Date	6/7/2022
Rule Id	58717
Linked to	Rule :208328
Reg. Last Update	6/7/2022
Report Section	EU