The European Commission has accused Ireland of failing to comply with obligations under new rules designed to stop the spread of terrorist content online.
The commission has decided to send reasoned opinions to Ireland, Estonia, Luxembourg, Poland and Portugal having found that they failed to comply with one or more obligations under the regulation on the dissemination of terrorist content online (TCO regulation).
The regulation sets rules to ensure that hosting service providers address the misuse of their services for the dissemination of terrorist content online.
The rules came into force on 7 June 2022 and provide for penalties for breaches.
The regulation also includes safeguards to protect fundamental rights.
Hosting service providers must remove terrorist content upon receiving a removal order from member states' authorities within one hour and must take measures when their platforms are exposed to terrorist content.
The commission said that Ireland, Estonia, Luxembourg, Poland and Portugal have failed to comply with obligations such as the requirement to designate the authority or authorities responsible for issuing removal orders and notify the commission of those authorities; to name a public contact point and to lay down the rules and measures on penalties in case of non-compliance with legal obligations.
"The commission has decided to issue a reasoned opinion to these member states, which now have two months to respond and take the necessary measures," the commission said in a statement.
"Otherwise, the commission may decide to refer the cases to the Court of Justice of the European Union," it added.
The Department of Justice said that An Garda Siochana has been designated as the Irish competent authority to issue removal orders and Coimisiún na Meán has been designated as the Irish competent authority to oversee specific remedial measures under the EU Regulation.
"The Government previously approved the designation of Coimisiún na Meán as the competent authority for imposing penalties, and this designation will be made once primary legislation is passed enabling CnaM to take on this role," a spokesperson said.
A competent authority must also be designated for scrutiny of cross-border removal orders.
"This matter is under active consideration within the Department, including through consideration of and contacts with counterpart bodies in other member states," the Department of Justice said.
