Ireland Referred to EU Court of Justice Over Failure to Implement Online Terror Content Rules
Ireland is being taken to the EU Court of Justice for not fully implementing rules that require the one-hour removal of terrorist content online.
- The European Commission has referred Ireland to the Court of Justice of the European Union for failing to fully implement the Terrorist Content Online (TCO) Regulation.
- The rules, active since June 2022, mandate the removal of terrorist content by online platforms within one hour of receiving an official order.
The European Commission announced today, 18 June 2024, that it is taking Ireland to the Court of Justice of the European Union (CJEU) for its failure to comply with key obligations of the Terrorist Content Online (TCO) Regulation. This regulation is a critical tool in the EU's strategy to combat the spread of extremist ideologies and prevent radicalisation online.
The TCO Regulation, which has been applicable across the EU since 7 June 2022, requires online hosting service providers to remove terrorist content within one hour of receiving a removal order from a designated national authority. The aim is to swiftly curtail the dissemination of dangerous material used for recruitment, fundraising, and inciting violence, while protecting fundamental rights.
According to the Commission, Ireland, along with Bulgaria and Portugal, has failed to meet several requirements. These include officially designating a national authority responsible for issuing these one-hour removal orders and notifying the Commission of this body. Furthermore, the State has not established a public contact point for handling queries related to the orders, nor has it set out the specific penalties for online platforms that fail to comply. It seems that while the digital world moves at lightning speed, our own implementation has been left buffering.
The journey to the EU's top court has been a lengthy one. The Commission first sent a letter of formal notice to Ireland regarding these failings in January 2023. This was followed by a reasoned opinion in February 2024, escalating the infringement procedure. As the issues remained unresolved, the Commission has now decided to refer the case to the CJEU.
This action underscores the seriousness with which Brussels views the rapid removal of terrorist propaganda. The regulation is seen as instrumental in protecting vulnerable individuals, especially minors, from being radicalised online. The referral to the Court of Justice is the final stage in the infringement process and could result in financial penalties if the non-compliance persists.
