Today, the Commission decided to refer Bulgaria, Ireland and Portugal to the Court of Justice of the European Union for failing to comply with certain obligations from the Regulation on the dissemination of terrorist content online ("TCO Regulation" - Regulation (EU) 2021/784) .
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 from receipt of a removal order issued by Member States' authorities. This helps stop the spread of extremist ideologies online – which is key for preventing attacks and addressing radicalisation – while safeguarding fundamental rights.
The Commission considers that Bulgaria, Ireland 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 is therefore referring Bulgaria, Ireland and Portugal to the Court of Justice of the European Union.
Background
Terrorist and violent extremists use online platforms to spread terrorist and harmful content, gather funds and recruit. Vulnerable users, particularly minors, are being radicalised online at an alarming rate. The Terrorist Content Online Regulation has been instrumental in countering the spread of terrorist content online, enabling the swift removal of the most heinous and dangerous material.
The Commission sent letters of formal notice to Bulgaria, Ireland and Portugal in January 2023, for failure 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, the Commission 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 considers that they have not yet addressed all the concerns raised in the letter of formal notice and reasoned opinion and have still not complied with one or more obligations under the Regulation.
