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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:
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.