Today, the Commission decided to refer Bulgaria, Ireland, and Portugal to the Court of Justice of the European Union for failing to comply with obligations from the regulation on the dissemination of terrorist content online (“TCO Regulation” - Regulation (EU) 2021/784).
The TCO Regulation, which took effect on June 7, 2022, requires online platforms in the EU to remove terrorist content within one hour of receiving a removal order from member state authorities. This is crucial in stopping the spread of extremist ideologies online, which is key for preventing attacks and addressing radicalization while protecting fundamental rights.
The Commission believes that Bulgaria, Ireland, and Portugal have not complied with one or more obligations under the TCO Regulation. This includes the requirement to designate the authority responsible for enforcing the regulation and ensuring compliance, notifying the Commission of those authorities; establishing a public contact point for handling requests for clarification and feedback regarding removal orders; and laying down rules and measures for penalties in case of non-compliance by hosting service providers with their legal obligations. The Commission is therefore referring Bulgaria, Ireland, and Portugal to the Court of Justice of the European Union.
Background
Terrorists and violent extremists exploit online platforms to spread terrorist and harmful content, raise funds, and recruit. Vulnerable users, especially minors, are being radicalized online at an alarming rate. The Terrorist Content Online Regulation has been instrumental in countering the spread of terrorist content online, enabling the rapid removal of the most heinous and dangerous material.
The Commission sent letters of formal notice to Bulgaria, Ireland, and Portugal in January 2023 for failing to comply with certain obligations of the TCO Regulation.
As the Commission considered that these member states did not yet comply with their obligations under the TCO Regulation, it decided to send reasoned opinions to Ireland and Portugal in February 2024, and to Bulgaria in March 2024.
The Commission is now referring these member states to the Court of Justice, as it believes that they have not yet addressed all the concerns raised in the letters of formal notice and reasoned opinions and have still not complied with one or more obligations under the Regulation.
More Information
Infringement decisions database and infringements map and graphs
Infringement procedure Bulgaria (INFR(2022)2113)
Infringement procedure Ireland (INFR(2022)2121)
Infringement procedure Portugal (INFR(2022)2129)