The European Commission is to refer Ireland, Bulgaria and Portugal to the Court of Justice of the European Union for failing to comply with certain obligations under the Terrorist Content Online (TCO) Regulation.
The TCO Regulation, which became applicable on 7 June 2022, requires that terrorist content in the EU is taken down by online platforms within one hour upon receipt of a removal order issued by Member States' authorities.
The Commission said that Ireland, Bulgaria and Portugal have failed to comply with one or more obligations under the TCO Regulation.
"This includes the requirement to designate the authority or authorities responsible for enforcing the Regulation and ensuring compliance, and to notify the Commission of those authorities; to establish a public contact point to handle requests for clarification and feedback in relation to removal orders; and to lay down the rules and measures on penalties in case of non-compliance of hosting service providers with their legal obligations," the Commission said in a statement.
"The Commission is therefore referring Bulgaria, Ireland and Portugal to the Court of Justice of the European Union," it added.
In September 2024, the Department of Justice announced that the media regulator Coimisiún na Meán had been designated as the competent Irish authority to impose penalties on hosting service providers who do not comply with their obligations under the TCO Regulation.
An Garda Síochána was announced as the authority competent in Ireland for issuing removal orders.
The Department said the remaining competent authority for designation is for scrutiny of cross-border removal orders.
"The Department is in the process of finalising this designation and expects to conclude this process in the very near future," a spokesperson said.
"The Department remains in active communication with the EU Commission to provide updates on this outstanding designation," they added.
Terrorist content refers to material shared online that, directly or indirectly, such as by the glorification of terrorist acts, advocates the commission of terrorist offences.
The regulation covers content that solicits a person or a group of persons to commit or contribute to the commission of a terrorist offence or to participate in the activities of a terrorist group.
Also covered is content that provides instructions on the making or use of explosives, firearms or other weapons, or content that constitutes a threat to commit a terrorist offence.
