Ireland responds to EU decision on breaching terrorism regulation
The European Commission said member states have two months to respond or may face referral to the EU court of justice. File photo: AP/Geert Vanden Wijngaert
The Department of Justice has said Ireland has designated agencies to deal with terrorist content online and that new laws enabling penalties to be imposed are being introduced.
It was responding to a statement from the European Commission that Ireland, along with four other EU countries, has failed to comply with certain obligations in an EU terrorism regulation.
The Regulation on the dissemination of terrorist content online sets out rules for internet service providers to address terrorist content. The regulation, which entered into force on June 7, 2022, provides for penalties for breaches.
“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 European Commission said in a statement.
“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.”
It said member states have two months to respond or may face referral to the EU court of justice.
The Department of Justice said member states are required to designate up to four national competent authorities.
It said: “Two of these are already in place: An Garda Síochána was designated [in 2023] as the Irish competent authority to issue removal orders; Comisiún na Meán [CnaM] was designated [in 2023] as the Irish competent authority to oversee specific remedial measures under the EU Regulation.”
It further said the Government has previously approved the designation of CnaM as the competent authority for imposing penalties. “This designation will be made once primary legislation is passed enabling CnaM to take on this role,” it said.
It said the Government approved the General Scheme of this legislation last Tuesday. “This designation will also satisfy the requirement to lay down rules on penalties, as these will be governed by the provisions of the Online Safety and Media Regulation Act,” it said.
“Finally, a competent authority must be designated for scrutiny of cross-border removal orders. This matter is under active consideration within the Department, including through consideration of and contacts with counterpart bodies in other Member States.”
