New EU Law Mandates Swift Removal of Terrorist Content Online

Yesterday, the European Parliament formally adopted a new regulation concerning the removal of terrorist content. This legislation establishes a one-hour timeframe for content removal as the standard legal requirement throughout the European Union.

Implementation Timeline and Scope

The regulation, focused on “addressing the dissemination of terrorist content online,” will become effective shortly after its publication in the EU’s Official Journal. Full application of the rules will commence 12 months following that publication date.

Under the new rules, online service providers operating within the EU region are obligated to respond to removal notices issued by Member State authorities within one hour of receiving them. Alternatively, they must furnish a justification detailing the reasons for any inability to comply.

Exemptions and Targeted Content

Exceptions to the rapid removal requirement are provided for content created for educational, research, artistic, or journalistic purposes. The primary aim of the legislation is to counter terrorism propaganda circulating on platforms such as social media networks.

Specifically, the regulation targets content that incites, encourages, or contributes to terrorist acts; offers instructions for committing such acts; or solicits participation in terrorist organizations.

Material detailing the creation and utilization of explosives, firearms, and other weapons for terrorist purposes is also encompassed within the scope of this law.

Concerns Regarding Freedom of Expression

However, anxieties have been voiced regarding the potential impact on online freedom of expression. There are worries that platforms may implement overly broad content filters to mitigate risk, given the stringent removal deadlines.

The law does not impose a general obligation on platforms to proactively monitor or filter content. Nevertheless, it compels service providers to actively prevent the proliferation of prohibited content, requiring them to implement preventative measures.

The specific methods for achieving this are left to the discretion of service providers. While automated tools are not legally mandated, it is anticipated that larger providers will increasingly rely on filters, potentially leading to unjustified content takedowns and a chilling effect on legitimate speech.

Defining Terrorist Content and Potential Misuse

Another area of concern centers on the definition of “terrorist content” within the law. Civil rights organizations caution that authoritarian governments within Europe might exploit the regulation to suppress criticism originating from elsewhere in the region.

Transparency and Sanctions

The law incorporates transparency requirements, mandating that providers publicly disclose information regarding content identification and takedown actions on an annual basis.

Regarding penalties, Member States are responsible for establishing rules on sanctions. However, the regulation sets a maximum fine of up to 4% of a provider’s global annual turnover for repeated non-compliance with its provisions.

Historical Context and Development

EU lawmakers initially proposed these rules in 2018, responding to heightened concerns about the spread of ISIS-related content online.

Platforms were initially encouraged to adhere to an informal one-hour takedown policy in March of that year. Subsequently, the Commission presented a more comprehensive regulatory proposal aimed at “preventing the dissemination of terrorist content online.”

Negotiations between the European Parliament and the Council of the European Union resulted in modifications to the proposal. For instance, the Parliament advocated for a provision requiring competent authorities to notify companies that have not previously received a removal order in advance, providing them with information on procedures and deadlines.

Impact on Smaller Providers

The potential impact on smaller content providers remains a significant concern for critics.

The Council adopted its final position in March. The Parliament’s approval yesterday finalized the co-legislative process.

Statement from Rapporteur

Commenting on the adoption, MEP Patryk JAKI, the rapporteur for the legislation, stated: “Terrorists recruit, share propaganda and coordinate attacks on the internet. Today we have established effective mechanisms allowing member states to remove terrorist content within a maximum of one hour all around the European Union. I strongly believe that what we achieved is a good outcome, which balances security and freedom of speech and expression on the internet, protects legal content and access to information for every citizen in the EU, while fighting terrorism through cooperation and trust between states.”