Social media platforms ordered to address terrorist content in Ireland

The Commission recently determined that TikTok, X (formerly Twitter) and Instagram services have been “exposed to terrorist content” under the Terrorist Content Online Regulation. The decision comes after the notification of two or more final removal orders were given by EU competent authorities to these platforms over the past twelve months. In addition to their obligation to take specific measures to protect their services from being used for the dissemination of terrorist content, these providers also need to report to the Commission on the specific measures taken within three months from the receipt of the decision.

The Terrorist Content Online Regulation provides an EU-wide mechanism for counteracting the dissemination of terrorist content online and enabling the removal of terrorist content by hosting service providers. The Commission is responsible for compliance with the regulation in Ireland.

Under EU law, terrorist content includes, amongst other things, material that incites and advocates the commission of terrorist offences, solicits people to participate in the activities of a terrorist group and provides instruction on the specific methods or techniques for terrorist offences.

According to the Commission, one of the measures a hosting service provider exposed to terrorist content is required to take is the inclusion in its terms and conditions of provisions to address the misuse of its service for the dissemination to the public of terrorist content. It also stated that infringement 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.

The Commission is responsible for Ireland’s overall Online Safety Framework, consisting of the Terrorist Content Online Regulation, the Digital Services Act, and the Online Safety and Media Regulation Act, and the Online Safety Code, which entered into force earlier this month.