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The European Commission decided to send reasoned opinions to Ireland (INFR(2022)2121), Estonia (INFR(2022)2117), Luxembourg (INFR(2022)2124), Poland (INFR(2022)2128) and Portugal (INFR(2022)2129), for failing to comply with certain obligations from the Regulation on the dissemination of terrorist content online (TCO Regulation). 

The TCO Regulation sets rules to ensure that hosting service providers, that make users’ content available to the public, address the misuse of their services for the dissemination of terrorist content online. The Regulation, which entered into force on 7 June 2022, provides for penalties for breaches and includes safeguards to protect fundamental rights. Hosting service providers must remove terrorist content upon receiving a removal order from Member States’ authorities within one hour and must take measures when their platforms are exposed to terrorist content. 

The Commission considers that Ireland, Estonia, Luxembourg, Poland and Portugal have failed to comply with one or more obligations under the Regulation on the dissemination of terrorist content online, such as the requirement to designate the authority or authorities responsible for issuing removal orders and notify the Commission of those authorities; to name a public contact point and to lay down the rules and measures on penalties in case of non-compliance with legal obligations.

Therefore, the Commission has decided to issue a reasoned opinion to these Member States, which now have two months to respond and take the ecessary measures. Otherwise, the Commission may decide to refer the cases to the Court of Justice of the European Union.