Category: Uncategorized

An Coimisiún determines that Meta (in respect of Facebook) services are ‘exposed to terrorist content’ 

An Coimisiún decision follows the notification of two or more final removal orders to this provider from EU competent authorities in the last 12 months 

The provider will now have to take specific measures to prevent services from being used for the dissemination of terrorist content and to report on the measures they have taken 

Coimisiún na Meán has today (16.12.24) 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.  

On the 17th July 2024, Coimisiún na Meán launched our new Journalism Schemes which will support both the media sector and high-quality journalism across Ireland.
The closing date for the Local Democracy Reporting Scheme, the Courts Reporting Scheme and the Ancillary Measures Schemes has now been extended from 17th September at 12pm to 30th September 2024 at 3pm.

For further information, please read: Coimisiún na Meán launches applications for new Journalism Schemes.

Coimisiún na Meán welcomes the conclusion of the Technical Regulations Information System (TRIS) process in relation to the Online Safety Code.

An Coimisiún notes that no comments on the Online Safety Code were received from the European Commission or other EU member states and we intend to adopt and apply the Online Safety Code to video-sharing platform services based in Ireland later in the Autumn.

We welcome the Court’s Judgment and the confirmation of our designation of Reddit and Tumblr as Video-Sharing Platform Services. We are moving forward with our draft Online Safety Code and expect to have it in place later this year, as part of our overall Online Safety Framework. We are committed to using our full range of powers to improve online safety for users in Ireland and across Europe. 

• The full Judgment – Reddit
• The full Judgment – Tumblr

• Newly published Decision Framework sets out step-by-step approach to deeming a hosting service provider (HSP) as ’exposed to terrorist content’
• These providers would then have to take specific measures to protect services from the dissemination of terrorist content
• The EU Terrorist Content Online Regulation (TCOR) is part of Coimisiún na Meán’s Online Safety Framework

Coimisiún na Meán has today (13 June) published the decision-making process it will use to determine if a hosting service provider (HSP) in Ireland is exposed to terrorist content online. Social media platforms, web hosting services and cloud services are examples of HSPs.

If a hosting service provider is found to be exposed to terrorist content, it will be obliged to undertake specific measures. These can include:

• taking steps to protect its services from being used for the dissemination to the public of terrorist content
• reporting to Coimisiún na Meán on the specific measures it has taken – and will take – to comply with its obligations.
• where applicable, including in its terms and conditions provisions to address the misuse of its services for the dissemination to the public of terrorist content

The Decision Framework outlines the steps that Coimisiún na Meán will take in enforcing the EU Terrorist Content Online Regulation (TCOR), part of the organisation’s Online Safety Framework.

The Terrorist Content Online Regulation provides for an EU-wide mechanism for counteracting the dissemination of terrorist content online and enabling the speedy removal of terrorism content by hosting service providers. Terrorism content is content that incites, solicits, threatens, or provides instruction on the commission of terrorist offences.

Under the legislation, An Garda Síochána is the competent authority under the Terrorist Content Online Regulation responsible for issuing removal orders for terrorist content to HSPs in Ireland. An Coimisiún’s role under the Terrorist Content Online Regulation commences once it has been informed that a hosting service provider based in Ireland has received two or more final removal orders for terrorist content from any other EU competent authority in the previous 12 months. An Coimisiún will then consider whether to apply the provisions of the Terrorist Content Online Regulation, following the Decision Framework for addressing the dissemination of terrorist content online.

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 Commissioner Niamh Hodnett said: “Coimisiún na Meán is responsible for making digital services headquartered in Ireland accountable for how they protect people from harm online. Terrorist content is among the most dangerous categories of online content addressed by our Online Safety Framework.

“An Coimisiún will use every measure available under our Online Safety Framework to protect users from terrorist content online. The Decision Framework published today details the process Coimisiún na Meán will follow as Ireland’s competent authority under the EU’s Terrorist Content Online Regulation to determine if a hosting service provider is exposed to terrorist content and sets out the key obligations of a hosting service provider following such a decision. This Decision Framework is another step in protecting users of online services from harm.”

The Online Safety Framework consists of the Terrorist Content Online Regulation, the Digital Services Act, which prohibits illegal content on online platforms including terrorist content, and the recently published Online Safety Code which, when finalised will prohibit the uploading or sharing of terrorism content on video-sharing platform services.

• Decision Framework
• Supporting Q&A document outlining TCOR

Binding online safety rules will apply to Irish-based video-sharing platforms when finalised

Coimisiún na Meán has today (27.05.2024) published an updated draft Online Safety Code in response to its public consultation. The final Code will set binding rules applying to video-sharing platforms who have their EU headquarters in Ireland. The Code is being submitted to the European Commission today (27.05.2024) under the Technical Regulations Information System (TRIS) Directive process, which involves a standstill period of 3-4 months. Once this process is complete, Coimisiún na Meán will finalise and apply the Code to video-sharing platforms with their EU Headquarters in Ireland.

The final Code will be part of Coimisiún na Meán’s overall Online Safety Framework. This Framework makes digital services accountable for how they protect people, especially children, from harm online. The updated Code, combined with the other parts of the Online Safety Framework, will deliver on the objectives of the Online Safety and Media Regulation Act, leading to safer online experiences for people across Ireland.

The Code introduces obligations on video-sharing platforms to protect their users from  harmful content, including:

• Prohibiting the uploading or sharing of harmful content on their services including cyberbullying, promoting self-harm or suicide and promoting eating or feeding disorders as well as incitement to hatred or violence, terrorism, child sex abuse material, racism and xenophobia.
• Using age assurance to prevent children from encountering pornography or gratuitous violence online and having age verification measures in place as appropriate.
• Providing parental controls for content which may impair the physical, mental, or moral development of children under 16.

The overall Online Safety Framework gives Coimisiún na Meán the tools to address the root causes of harm online, including the availability of illegal content, the harmful impacts of recommender systems, and inadequate protections for children on social media services.

The Online Safety Commissioner, Niamh Hodnett, said: “It is essential to create a safer online world for all of us, especially for our children. This updated Code is an important step forward to hold platforms to account for keeping people safe online. It takes account of responses to our public consultation and our consultation with our Youth Advisory Committee. We are now notifying the Code to the European Commission and once that process is complete we will apply it later this year.”

Executive Chairperson of Coimisiún na Meán, Jeremy Godfrey said: “Alongside our powers under the EU Digital Services Act and Terrorist Content Online Regulation, the Online Safety Code will give us a strong suite of tools to improve people’s lives online. We will ensure that we use our full range of powers to improve people’s online experiences.”  

Additional supporting documents

• More information on the draft Online Safety Code can be found here.
• Response to Consultation
• Report on consultation with Youth Advisory Committee
• Summary of Submission: Wagner-Hatfield Report
• Schedule of Submissions
• Submissions received