Dáil Éireann Debate, Tuesday - 30 April 2024
499. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the exact nature and current status with regard to the European Commission’s announcement of 7 February 2024 that it was sending Ireland a reasoned opinion for failing to comply with certain obligations under the Regulation on the dissemination of terrorist content online (INFR(2022)2121); and if she will make a statement on the matter. [19065/24]
View answerThe EU Regulation on addressing the dissemination of terrorist content online (Regulation (EU) 2021/784), referred to as the Terrorist Content Online Regulation or TCOR, provides an EU wide mechanism for the speedy removal of terrorist content online. Terrorist content includes content that incites or solicits terrorism, such as glorification or instructional content, as well as threats to commit a terrorist act. Competent authorities across the EU can direct its removal within one hour by any hosting service provider, regardless of the Member State in which that provider is based. As a European Union Regulation, the TCOR has direct effect and has applied since 7 June 2022. Nonetheless, there are elements of the Regulation, relating to the empowerment and designation of national competent authorities, that require the enactment of domestic legislation in order to be given effect and it is these elements that have led to a delay in achieving full implementation. Ireland is one of a number of Member States who have been made subject to infringement proceedings by the European Commission in this regard. Those proceedings relate to the designation of competent authorities under Article 12 and the requirement to lay down rules on penalties under Article 18.I am happy to update the Deputy on the progress being made. An Garda Síochána was designated as competent authority for the issuing of removal orders in May 2023. Coimisiún na Meán was designated as a competent authority in respect of the oversight of hosting service providers in November 2023.
The Government has also agreed to designate Coimisiún na Meán as competent authority for the imposition of sanctions on hosting service providers once a legislative amendment that will allow this is made; this provision is included in the General Scheme of the Criminal Justice (Protection, Preservation of and Access to Data on Information Systems) Bill 2024. This designation will also resolve the infringement relating to Article 18. Lastly, work is ongoing to complete the designation of an appropriate entity as authority competent for the scrutiny of cross-border removal orders; in the meantime, service providers and content providers have the right to challenge removal orders in the courts of the Member State who issued the order.I can assure the Deputy of Ireland’s commitment to full implementation, and to continuing the considerable work ongoing to give effect to this commitment.
