Coimisiún na Meán has today published a decision in respect of a hosting service provider under the Terrorist Content Online Regulation. Coimisiún na Meán has determined that Meta (in respect of Facebook) services are ‘exposed to terrorist content.’
Terrorist content is defined in EU law as material that:
- incites the commission of terrorist offences, such as by the glorification of terrorist acts;
- advocates the commission of terrorist offences;
- solicits a person or a group of persons to commit or contribute to the commission of terrorist offences;
- incites, solicits, threatens or provides instruction on the commission of terrorist offences;
- solicits a person or a group of persons to participate in the activities of a terrorist group;
- provides instruction on the making or use of explosives, firearms, or other weapons, or noxious or hazardous substances, or other specific methods or techniques for the purpose of committing or contributing to the commission of terrorist offences;
- constitutes a threat to commit a terrorist offence
The Terrorist Content Online Regulation, which is one part of Coimisiún na Meán’s Online Safety Framework, provides an EU-wide mechanism for counteracting the dissemination of terrorist content online and enabling the speedy removal of terrorist content by hosting service providers.
Under the Terrorist Content Online Regulation, hosting service providers which receive two or more final removal orders from EU competent authorities within the last 12 months may be determined as being exposed to terrorist content. An Coimisiún has reached this decision following the notification of two or more final removal orders in respect of this providers and following engagement with this provider. An Coimisiún has made this determination in line with its Decision Framework, published in June 2024.
Following this decision, Meta (in respect of Facebook) will be obliged to take specific measures to protect their services from being used for the dissemination of terrorist content, and to report to Coimisiún na Meán on the specific measures taken within three months from the receipt of the decision. These measures shall be effective, targeted and proportionate and respectful of the fundamental rights of users. Among the measures a hosting service provider exposed to terrorist content is required to take is the inclusion in its terms and conditions of provisions to address the misuse of its service for the dissemination to the public of terrorist content.
Coimisiún na Meán will supervise and assess the mitigation actions taken by the provider. Where An Coimisiún considers that the specific measures taken do not comply with legislative requirements, An Coimisiún will address a decision to the hosting service provider requiring it to take the necessary measures so as to ensure that legislative provisions are complied with.
In November 2024, An Coimisiún determined that TikTok, X and Meta (in respect of Instagram) services were ‘exposed to terrorist content’ under the Terrorist Content Online Regulation.
An infringement by hosting service providers of the Terrorist Content Online Regulation can lead to the imposition of administrative fines, including financial penalties of up to four percent of global turnover.
Coimisiún na Meán’s Online Safety Framework consists of the Terrorist Content Online Regulation, the Digital Services Act, and the Online Safety and Media Regulation Act, the basis for our Online Safety Code.
An Coimisiún advises users of online services who see suspected terrorist content to report that content to the platform where they have seen it, and to report any content which could be a threat to life to An Garda Síochána.