The Department of Justice said Ireland has appointed agencies to combat terrorist content on the Internet and is introducing new laws to allow fines to be imposed.
The ministry was responding to the European Commission’s announcement that Ireland, along with four other EU countries, had failed to fulfil certain obligations under the EU’s anti-terrorism regulation.
The Regulation on the Distribution of Terrorist Content on the Internet sets out rules for internet service providers to combat terrorist content. The regulation, which entered into force on 7 June 2022, provides penalties for violations. The European Commission said in a statement:
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.
The European Commission also said member states have two months to respond or the case could be referred to the EU Court of Justice.
The Ministry of Justice said that member states must designate up to four national competent authorities. It added:
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. The Ministry noted:
This designation will be made once primary legislation is passed enabling CnaM to take on this role. 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. 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.
