Coimisiún na Meán (CnaM) has set out the decision-making process it will use to determine if a hosting-service provider (HSP) in Ireland is exposed to terrorist content online.

The HSP category includes social-media platforms, web-hosting services, and cloud services.

The decision framework outlines the steps that CnaM will take to enforce the EU Terrorist Content Online Regulation (TCOR), which is part of the organisation’s Online Safety Framework.

The EU regulation provides for an EU-wide mechanism for counteracting the dissemination of terrorist content online and enabling the speedy removal of terrorism content by HSPs.

Terrorism content is defined as content that incites, solicits, threatens, or provides instruction on the commission of terrorist offences.

Measures

Under the decision framework, if a provider is found to be exposed to terrorist content, it will be obliged to undertake specific measures.

These can include:

• Taking steps to protect its services from being used for the dissemination to the public of terrorist content,
• Reporting to CnaM on the specific measures it has taken – and will take – to comply with its obligations, and
• Where applicable, including in its terms and conditions provisions to address the misuse of its services for the dissemination to the public of terrorist content.

Under the legislation, An Garda Síochána is responsible for issuing removal orders for terrorist content to HSPs in Ireland.

CnaM’s role begins once it has been informed that a HSP based in Ireland has received two or more final removal orders for terrorist content from any other EU competent authority in the previous 12 months.

The regulator will then consider whether to apply the provisions of the TCOR.

HSPs that infringe the EU regulation can face administrative fines – including financial penalties of up to 4% of global turnover.

‘Protecting users from harm’

CnaM’s Online Safety Commissioner Niamh Hodnett said that the regulator would use every measure available under its Online Safety Framework to protect users from terrorist content online.

She described the new decision framework as “another step in protecting users of online services from harm”.

The Online Safety Framework includes the TCOR, the Digital Services Act, and the recently published Online Safety Code that, when finalised, will prohibit the uploading or sharing of terrorism content on video-sharing platform services.