The EU is working to stop terrorists from using the internet to radicalise, recruit and incite violence. The Council has adopted a regulation on the dissemination of terrorist content online.
The legislation aims to facilitate the swift removal of online terrorist content and establish one common instrument for all member states to this effect. The rules will apply to hosting service providers offering services in the EU, regardless of whether their head office is located in one of the member states or not.
Radicalisation and incitement to violence through social networks, video platforms and the live streaming of attacks have become ever more frequent factors in recent terrorist attacks. With the new rules adopted by the Council, law enforcement authorities will have an effective instrument to tackle this threat.
Voluntary cooperation with the hosting service providers will continue, but the legislation will provide additional tools for member states to enforce the rapid removal of terrorist content where necessary.
Competent authorities in the member states will have the power to issue removal orders to the service providers in order to remove terrorist content or disable access to it in all member states. The service providers will then have to remove or disable access to the content within one hour.
Hosting service providers exposed to terrorist content will need to take specific measures to address the misuse of their services and protect them from being used as a platform for disseminating terrorist content. The decision on which measure to use remains with the hosting service provider.
The legislation also provides a clear scope and a clear uniform definition of terrorist content to ensure fundamental rights are fully respected. Equally, it includes effective remedies for both users whose content has been removed and for service providers to submit a complaint.
The adoption of the Council’s position at first reading follows a provisional agreement on the text reached between the Council presidency and the European Parliament on the 10th of December 2020. The legal act now needs to be adopted by the European Parliament at second reading before being published in the EU Official Journal. The regulation will come into force on the twentieth day following its publication and start applying one year later.