### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . __________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be improved through a clear legislative framework in order to further reduce accessibility to terrorist content online and in order to put in place urgently needed safeguards to ensure the rule of law and the protection of fundamental rights . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content in line with the horizontal framework established by directive 2000 / 31 / ec and by the european council to improve the detection and removal of content that incites to terrorist acts . __________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### given the scale and speed necessary for effectively identifying and removing terrorist content , proportionate proactive measures , including by using automated means in certain cases , are an essential element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what appropriate , effective and proportionate proactive measure should be put in place . this requirement should not imply a general monitoring obligation . in the context of this assessment , the absence of removal orders and referrals addressed to a hosting provider , is an indication of a low level of exposure to terrorist content . ### the vast majority of hosting service providers are never exposed to illegal terrorist content . given the complexity of effectively identifying and removing terrorist content at scale , and the potential impact on fundamental rights , duties of care that go beyond the mere removal of terrorist content online following removal orders from competent authorities could be taken by those hosting service providers that have been subject to a significant number of uncontested removal orders . those hosting service providers should assess whether it is appropriate to take additional measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , those hosting service providers should only put appropriate , effective , necessary and proportionate additional measures in place . this requirement should not imply an obligation of general monitoring . in the context of this assessment , the absence of removal orders and referrals by europol addressed to a hosting provider , is an indication of a low level of exposure to terrorist content .


### when putting in place proactive measures , hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications , where appropriate , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . this is of particular relevance when hosting service providers use automated means to detect terrorist content . any decision to use automated means , whether taken by the hosting service provider itself or pursuant to a request by the competent authority , should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . ### when putting in place specific measures , hosting service providers should ensure that users’ rights to freedom of expression and information - including to freely receive and impart information - as well as the right to privacy and personal data protection is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight , as well as including verifications , where appropriate , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . any decision to use measures against terrorist content , including voluntary ones , whether taken by the hosting service provider itself or pursuant to a request by the competent authority , should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . in any case , hosting service providers should undertake a fundamental rights audit for any voluntary or specific measures they use .


### if the hosting service provider cannot comply with the removal order because the removal order contains manifest errors or does not contain sufficient information to execute the order , it shall inform the competent authority without undue delay , asking for the necessary clarification , using the template set out in annex iii . the deadline set out in paragraph 2 shall apply as soon as the clarification is provided . ### if the hosting service provider refuses to comply with the removal order because the removal order contains manifest errors , does not sufficiently establish the illegality of the content , or does not contain sufficient information to execute the order , it shall inform the competent authority without undue delay , asking for the necessary clarification , using the template set out in annex iii . in such cases , the competent authority shall reply promptly .


### given the scale and speed necessary for effectively identifying and removing terrorist content , proportionate proactive measures , including by using automated means in certain cases , are an essential element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what appropriate , effective and proportionate proactive measure should be put in place . this requirement should not imply a general monitoring obligation . in the context of this assessment , the absence of removal orders and referrals addressed to a hosting provider , is an indication of a low level of exposure to terrorist content . ### given the complexity of effectively identifying and removing terrorist content at scale and the potential impact on fundamental rights , proportionate specific measures should be taken by hosting service providers depending on the risk and level of exposure , concerning terrorist content online . such obligatory measures should not include the use of content filters or other measures that entail the systematic monitoring of user behaviour . specific measures could include , for example , systems to allow users to reportpotential terrorist content or peer - to - peer content moderation . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take specific measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what justified , appropriate , effective and proportionate specific measure should be put in place . this requirement should not imply a general monitoring obligation . this is without prejudice to possible additional voluntary measures taken by the hosting service provider outside the scope of this regulation .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities might take to address the dissemination of terrorist content online , this regulation should establish a definition of terrorist content that is in line with the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , artistic , journalistic or research purposes , or for awareness raising purposes against terrorist activity , should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha .


### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services . ### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and in proportion to the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help competent authorities to address terrorist offences committed through their services .


### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . however , this does not necessarily require a notification to the content provider . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider . ### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider .


### in order to ensure the effective and sufficiently coherent implementation of proactive measures , competent authorities in member states should liaise with each other with regard to the discussions they have with hosting service providers as to the identification , implementation and assessment of specific proactive measures . similarly , such cooperation is also needed in relation to the adoption of rules on penalties , as well as the implementation and the enforcement of penalties . ### in order to ensure the effective and sufficiently coherent implementation of measures by hosting service providers , competent authorities in member states should liaise with each other with regard to the discussions they have with hosting service providers as to removal orders and the identification , implementation and assessment of specific additional measures . such cooperation is also needed in relation to the adoption of rules on penalties , as well as the implementation and the enforcement of penalties .


### member states shall ensure that their competent authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this regulation . ### member states shall ensure that their competent authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this regulation , with strong guarantees of independence .


### instructing on methods or techniques for the purpose of committing terrorist offences . ### providing instruction on the making or use of explosives , firearms or other weapons or noxious or hazardous substances , or on other specific methods or techniques for the purpose of committing or contributing to the commission of , one of the terrorist offences listed in points to of article 3 of directive 2017 / 541 , knowing that the skills provided are intended to be used for this purpose , is punishable as a criminal offence when committed intentionally .


### the competent authority which issued the removal order shall inform the competent authority which oversees the implementation of proactive measures , referred to in article 17 when the removal order becomes final . a removal order becomes final where it has not been appealed within the deadline according to the applicable national law or where it has been confirmed following an appeal . ### the competent authority which issued the removal order shall inform the competent authority which oversees the implementation of additional measures pursuant to article 6 , referred to in article 17 when the removal orders that have become final for a specific hosting provider reach a significant number . a removal order becomes final where it has not been appealed and judicial redress has not been sought within the deadline according to the applicable national law or where it has been confirmed following an appeal .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored directly available to the public . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services , excluding cloud it infrastructure service providers , to the extent they make the information directly available to the public . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order , a referral or as a result of proactive measures pursuant to articles 4 , 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for : ### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order or as a result of additional measures pursuant to articles 4 and 6 and related user data removed as a consequence of the removal of the terrorist content and which is necessary for :


### the application of this regulation should not affect the application of article 14 of directive 2000 / 31 / ec8 . in particular , any measures taken by the hosting service provider in compliance with this regulation , including any proactive measures , should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under article 14 of directive 2000 / 31 / ec for liability exemption are not met . __________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### this regulation should lay down specific obligations for hosting service providers , exposed to terrorist content . this regulation should not affect the application of directive 2000 / 31 / ec8 . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under of directive 2000 / 31 / ec for liability exemption are not met . __________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### the information referred to in paragraph 1 shall specify the official language or languages of the union , as referred to in regulation 1 / 58 , in which the contact point can be addressed and in which further exchanges in relation to removal orders and referrals pursuant to articles 4 and 5 shall take place . this shall include at least one of the official languages of the member state in which the hosting service provider has its main establishment or where its legal representative pursuant to article 16 resides or is established . ### the information referred to in paragraph 1 shall specify the official language or languages of the union , as referred to in regulation 1 / 58 , in which the contact point can be addressed and in which further exchanges in relation to removal orders pursuant to article 4 shall take place . this shall include at least one of the official languages of the member state in which the hosting service provider has its main establishment or where its legal representative pursuant to article 16 resides or is established .


### promoting the activities of a terrorist group , in particular by encouraging the participation in or support to a terrorist group within the meaning of article 2 of directive 2017 / 541 ; ### participating in the activities of a terrorist group , including by supplying information or material resources , or by funding its activities in any way , with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group , within the meaning of article 4 of directive 2017 / 541 ;


### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders and referrals . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . with a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order , hosting service providers should ensure that the point of contact is reachable 24 / 7 . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available . ### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . with a view to ensure that terrorist content is removed or access to it is disabled without undue delay from the receipt of a removal order , hosting service providers should ensure that the point of contact is reachable 24 / 7 . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available .


### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . ### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the rule of law and the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information and the rights to privacy and the protection of personal data , which constitute one of the essential foundations of a pluralist , democratic society , and one of the values on which the union is founded . measures taken to remove terrorist content online constitute an interference in the freedom of expression and information , and therefore should be strictly targeted , necessary , appropriate and proportionate to help the fight against terrorism , including investigation and prosecution of terrorist offences , in the sense that they must serve to address the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law .


### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation no sooner than three years after its entry into force . the evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu added value . it will assess the functioning of the different operational and technical measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected rights and interests of third parties , including a review of the requirement to inform content providers . ### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation three years after its entry into force . it will assess the functioning of the different measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected fundamental rights , including the freedom of expression and information , the right to freedom and pluralism of the media , the freedom to conduct a business and the rights to privacy and protection of personal data .


### proactive measures ### specific measures


### a statement of reasons explaining why the content is considered terrorist content , at least , by reference to the categories of terrorist content listed in article 2 ; ### a detailed statement of reasons explaining why the content is considered terrorist content , by specific reference to the categories of terrorist content listed in article 2 and substantiating the elements of unlawfulness and intentionality and the relevant national law ;


### in order to avoid duplication and possible interferences with investigations , the competent authorities should inform , coordinate and cooperate with each other and where appropriate with europol when issuing removal orders or sending referrals to hosting service providers . in implementing the provisions of this regulation , europol could provide support in line with its current mandate and existing legal framework . ### in order to avoid duplication and possible interferences with investigations , the competent authorities should inform , coordinate and cooperate with each other and where appropriate with europol when issuing removal orders to hosting service providers . in implementing the provisions of this regulation , europol could provide support in line with its current mandate and existing legal framework .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation , and should also take into account the situation of subsidiaries or linked undertakings where applicable . member states should adopt rules on penalties , including , where appropriate , fining guidelines . penalties should be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within the period specified by the competent authority . when assessing the nature of the breach and deciding upon applying penalties , full respect should be given to fundamental rights , such as the freedom of expression . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider , unintentional delays , in particular by small and medium sized businesses and start - ups . member states should ensure that penalties do not encourage the removal of content which is not terrorist content .


### where relevant , the decision not to disclose information about the removal of terrorist content or the disabling of access to it referred to in article 11 . ### where necessary and proportionate , the decision not to disclose information about the removal of illegal terrorist content referred to in article 11 .


### no sooner than [ three years from the date of application of this regulation ] , the commission shall carry out an evaluation of this regulation and submit a report to the european parliament and to the council on the application of this regulation including the functioning of the effectiveness of the safeguard mechanisms . where appropriate , the report shall be accompanied by legislative proposals . member states shall provide the commission with the information necessary for the preparation of the report . ### [ three years from the date of application of this regulation ] , the commission shall carry out an evaluation of this regulation and submit a report to the european parliament and to the council on the application of this regulation including the functioning of the effectiveness of the safeguard mechanisms . the report shall also cover the impact of this regulation on freedom of expression and information , on media and journalism , on the arts , and on academic research . where appropriate , the report shall be accompanied by legislative proposals . member states shall provide the commission with the information necessary for the preparation of the report .


### in the absence of a general requirement for service providers to ensure a physical presence within the territory of the union , there is a need to ensure clarity under which member state ' s jurisdiction the hosting service provider offering services within the union falls . as a general rule , the hosting service provider falls under the jurisdiction of the member state in which it has its main establishment or in which it has designated a legal representative . nevertheless , where another member state issues a removal order , its authorities should be able to enforce their orders by taking coercive measures of a non - punitive nature , such as penalty payments . with regards to a hosting service provider which has no establishment in the union and does not designate a legal representative , any member state should , nevertheless , be able to issue penalties , provided that the principle of ne bis in idem is respected . ### in the absence of a general requirement for service providers to ensure a physical presence within the territory of the union , there is a need to ensure clarity under which member state ' s jurisdiction the hosting service provider offering services within the union falls . as a general rule , the hosting service provider falls under the jurisdiction of the member state in which it has its main establishment or in which it has designated a legal representative . with regards to a hosting service provider which has no establishment in the union and does not designate a legal representative , any member state should , nevertheless , be able to issue penalties , provided that the principle of ne bis in idem is respected .


### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information . ### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by addressing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information , the right to freedom and pluralism of the media , the freedom to conduct a business and the rights to privacy and protection of personal data .


### safeguards regarding the use and implementation of proactive measures ### safeguards regarding content removal


### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders and referrals . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . with a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order , hosting service providers should ensure that the point of contact is reachable 24 / 7 . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available . ### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available .


### inciting or advocating , including by glorifying , the commission of terrorist offences , thereby causing a danger that such acts be committed ; ### inciting the commission of one of the offences listed in points to of article 3 of directive 2017 / 541 , where such conduct , directly or indirectly , such as by the glorification of terrorist acts , advocates the commission of terrorist offences , thereby causing a danger that one or more such offences may be committed ;


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### competent judicial authorities of the member states should assess whether content is terrorist content , and whether to issue legal orders requesting hosting service providers to remove terrorist content or disable access to it . member states should designate judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled expeditiously after receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union .


### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers that are exposed to terrorist content shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard in all circumstances to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . those actions shall not amount to a general obligation on hosting service providers to monitor the information , which they store , nor a general obligation actively to seek facts or circumstances indicating illegal activity .


### member states shall lay down the rules on penalties applicable to breaches of the obligations by hosting service providers under this regulation and shall take all necessary measures to ensure that they are implemented . such penalties shall be limited to infringement of the obligations pursuant to : ### member states shall lay down the rules on penalties applicable to systematic and ongoing breaches of the obligations by hosting service providers or their representatives under this regulation and shall take all necessary measures to ensure that they are implemented . such penalties shall be limited to infringement of the obligations pursuant to :


### information about redress available to the hosting service provider and to the content provider ; ### information about redress and deadline available for redress available to the hosting service provider and to the content provider ;


### hosting service providers should apply certain duties of care , in order to prevent the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that , when applying this regulation , hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information . ### hosting service providers exposed to terrorist content should apply certain duties of care , in order to restrict the dissemination of terrorist content on their services . these duties of care should not amount to a general obligation on hosting service providers to monitor the information which they store , nor to a general obligation to actively seek facts or circumstances indicating illegal activity . duties of care should include that , when applying this regulation , hosting services providers act in a transparent , diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information and freedom and pluralism of the media .


### the competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist content or disable access to it . ### the competent authority shall have the power to issue a removal order requiring the hosting service provider to remove terrorist content or disable access to it and shall immediately inform the competent authorities of any other member states whose interests it considers may be affected by the issuing of that removal order .


### for the purposes of this regulation , member states should designate competent authorities . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders , referrals and for overseeing proactive measures and for imposing penalties . it is for member states to decide how many authorities they wish to designate for these tasks . ### for the purposes of this regulation , member states should designate competent judicial authorities . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be judicial existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders and for overseeing additional measures and for imposing penalties . it is for member states to decide how many authorities they wish to designate for these tasks .


### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online , adequately address an evolving problem , and put in place necessary safeguards to ensure the rule of law and the protection of fundamental rights . this legislative framework seeks to build on and address some shortcomings of voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal content in line with the horizontal framework established by directive 2000 / 31 / ec and by the european council to improve the detection and removal of terrorist content . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### instructing on methods or techniques for the purpose of committing terrorist offences . ### providing instruction on the making or use of explosives , firearms or other weapons or noxious or hazardous substances , or on other specific methods or techniques for the purpose of committing or contributing to the commission of , one of the terrorist offences listed in points to of article 3 of directive 2017 / 541 , knowing that the skills provided are intended to be used for this purpose , is punishable as a criminal offence when committed intentionally .


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers may , where appropriate , in particular where there is a non - incidental level of exposure to terrorist content and receipt of removal orders , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective , targeted and proportionate to the risk and level of exposure to terrorist content , paying particular regard to the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society .


### information about the number of removal orders and referrals issued , the number of pieces of terrorist content which has been removed or access to it disabled , including the corresponding timeframes pursuant to articles 4 and 5 ; ### information about the number of removal orders issued , the number of pieces of terrorist content which has been removed or access to it disabled , including the corresponding timeframes pursuant to articles 4 , and information on the number of corresponding cases of successful detection , investigation and prosecution of terrorist offences


### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . ### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the rule of law and the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information and the rights to privacy and the protection of personal data , which constitute one of the essential foundations of a pluralist , democratic society , and one of the values on which the union is founded . measures taken to remove terrorist content online constitute an interference in the freedom of expression and information , and therefore should be strictly targeted , necessary , appropriate and proportionate to help the fight against terrorism , including investigation and prosecution of terrorist offences , in the sense that they must serve to address the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law .


### the application of this regulation should not affect the application of article 14 of directive 2000 / 31 / ec8 . in particular , any measures taken by the hosting service provider in compliance with this regulation , including any proactive measures , should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under article 14 of directive 2000 / 31 / ec for liability exemption are not met . __________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### this regulation should lay down specific obligations for hosting service providers , exposed to terrorist content . this regulation should not affect the application of directive 2000 / 31 / ec8 . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under of directive 2000 / 31 / ec for liability exemption are not met . __________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### member states shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders and referrals issued by them . information about the contact point shall be made publicly available . ### member states shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders issued by them . information about the contact point shall be made publicly available .


### competent authorities in member states shall inform , coordinate and cooperate with each other and , where appropriate , with relevant union bodies such as europol with regard to removal orders and referrals to avoid duplication , enhance coordination and avoid interference with investigations in different member states . ### competent authorities in member states shall inform , coordinate and cooperate with each other and , where appropriate , with relevant union bodies such as europol with regard to removal orders to avoid duplication , enhance coordination and avoid interference with investigations in different member states .


### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . however , this does not necessarily require a notification to the content provider . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider . ### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider .


### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . however , this does not necessarily require a notification to the content provider . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider . ### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities should be harmonised . member states should freely designate a single competent authority with that task , unless their constitutional arrangements prevent a single authority from being responsible , whilst at the same time guaranteeing legal certainty and predictability to users and service providers . where the authority designated for issuing removal orders is of an administrative or law enforcement nature , the member state should provide for an effective and independent review of removal orders issued by the competent authorities in its member state . this review would provide a mechanism to assess ex officio individual removal orders and rectify any erroneous decisions . this review mechanism complements possibilities for hosting service providers and content providers to seek judicial redress against removal orders addressed to or affecting them . this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within the period specified by the competent authority . the competent authority should provide the hosting service provider with a defined time limit in the removal order , which should be no shorter than eight hours , taking into account the size and previous exposure to terrorist content of a hosting service provider . without prejudice to the requirement to preserve data under article 7 of this regulation , it is for the hosting service providers to decide whether to remove the content in question or disable access to the content or users in the union .


### for the purposes of this regulation , member states should designate competent authorities . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders , referrals and for overseeing proactive measures and for imposing penalties . it is for member states to decide how many authorities they wish to designate for these tasks . ### for the purposes of this regulation , member states should designate a single competent authority unless their constitutional arrangements prevent a single authority from being responsible . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders , and for imposing penalties .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation , and should also take into account the situation of subsidiaries or linked undertakings where applicable . member states should adopt rules on penalties , including , where appropriate , fining guidelines . penalties should be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within the period specified by the competent authority . when assessing the nature of the breach and deciding upon applying penalties , full respect should be given to fundamental rights , such as the freedom of expression . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider , unintentional delays , in particular by small and medium sized businesses and start - ups . member states should ensure that penalties do not encourage the removal of content which is not terrorist content .


### rules to prevent the misuse of hosting services for the dissemination of terrorist content online in order to guarantee the smooth functioning of the internal market are set out in this regulation in full respect of the fundamental rights protected in the union ' s legal order and notably those guaranteed in the charter of fundamental rights of the european union . ### rules to address the use of hosting services for the dissemination of terrorist content online in order to guarantee the smooth functioning of the internal market are set out in this regulation in full respect of the rule of law and the fundamental rights protected in the union ' s legal order and notably those guaranteed in the charter of fundamental rights of the european union .


### this regulation lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular : ### this regulation lays down uniform rules to address the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular :


### member states should collect information on the implementation of the legislation . a detailed programme for monitoring the outputs , results and impacts of this regulation should be established in order to inform an evaluation of the legislation . ### member states should collect information on the implementation of the legislation including information on the number of cases of successful detection , investigation and prosecution of terrorist offences as a consequence of this regulation . a detailed programme for monitoring the outputs , results and impacts of this regulation should be established in order to inform an evaluation of the legislation .


### promoting the activities of a terrorist group , in particular by encouraging the participation in or support to a terrorist group within the meaning of article 2 of directive 2017 / 541 ; ### participating in the activities of a terrorist group , including by supplying information or material resources , or by funding its activities in any way , with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group , within the meaning of article 4 of directive 2017 / 541 ;


### complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information . hosting service providers should therefore establish user - friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider . the requirement for the hosting service provider to reinstate the content where it has been removed in error , does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds . ### complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information . hosting service providers should therefore establish effective and user - friendly complaint and redress mechanisms to ensure that complaints are dealt with promptly and in full transparency towards the content provider . the requirement for the hosting service provider to reinstate the content where it has been removed in error , does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds . member states should also guarantee that hosting service providers and content providers can effectively exercise their right to judicial redress . furthermore , content providers whose content has been removed following a removal order should have the right to an effective judicial remedy in accordance with article 19 teu and article 47 of the charter of fundamental rights of the european union . effective appeal mechanisms should be established at national level to ensure that any party subject to a removal order issued by a competent judicial authority should have the right to appeal to a judicial body . the appeal procedure is without prejudice to the division of competences within national judicial systems .


### safeguards shall consist , in particular , of human oversight and verifications where appropriate and , in any event , where a detailed assessment of the relevant context is required in order to determine whether or not the content is to be considered terrorist content . ### safeguards shall consist , in particular , of human oversight and verifications of the appropriateness of the decision to remove or disable access to content , in particular with regard to the right to freedom of expression and information .


### the obligation pursuant to paragraphs 1 and 2 shall not apply where the competent authority decides that there should be no disclosure for reasons of public security , such as the prevention , investigation , detection and prosecution of terrorist offences , for as long as necessary , but not exceeding [ four ] weeks from that decision . in such a case , the hosting service provider shall not disclose any information on the removal or disabling of access to terrorist content . ### the obligation pursuant to paragraph 1 shall not apply where the competent authority decides that there should be no disclosure for reasons of public security , such as the prevention , investigation , detection and prosecution of terrorist offences , for as long as necessary , but not exceeding [ four ] weeks from that decision . in such a case , the hosting service provider shall not disclose any information on the removal or disabling of access to terrorist content .


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services whose main or one of the main purposes is to offer the storage of information provided by and at the request of the content provider and in making the information stored available to the public , and&#160 ; who has general control of and access to the content data stored and processed ;


### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content . ### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers exposed to terrorist content should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content including voluntary measures as well as the number of contested removals . hosting service providers should not be required to disclose any source code as part of their transparency reports . competent authorities should also publish annual transparency reports containing meaningful information on the number of removal orders issued , the number of removals , the number of identified and detected terrorist content removed and the number of contested removals .


### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order , a referral or as a result of proactive measures pursuant to articles 4 , 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for : ### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order , a referral or as a result of specific measures pursuant to articles 4 , 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for :


### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . __________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be improved through a clear legislative framework in order to further reduce accessibility to terrorist content online and in order to put in place urgently needed safeguards to ensure the rule of law and the protection of fundamental rights . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content in line with the horizontal framework established by directive 2000 / 31 / ec and by the european council to improve the detection and removal of content that incites to terrorist acts . __________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### number of pieces of terrorist content removed or to which access has been disabled , following removal orders , referrals , or proactive measures , respectively ; ### number of pieces of terrorist content removed or to which access has been disabled , following removal orders , referrals , or specific measures pursuant to this regulation , as well as voluntary measures , respectively ;


### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including , where appropriate , a meaningful explanation of the functioning of proactive measures including the use of automated tools . ### hosting service providers shall explain in clear manner in their terms and conditions their policy and specific measures with regard to terrorist content , including , where appropriate , a meaningful explanation of the functioning of additional measures , as well as a description of the complaint and arbitration mechanism available for content providers in accordance with article 10 .


### article 6 and ; ### article 6 ;


### where hosting service providers removed terrorist content or disable access to it , they shall make available to the content provider information on the removal or disabling of access to terrorist content . ### where hosting service providers remove terrorist content or disable access to it , they shall make available to the content provider comprehensible and concise information on the removal or disabling of access to terrorist content , including the reasons for the removal or disabling of access , including the legal basis establishing the unlawfulness of the content and possibilities to contest the decision . where applicable , they shall also provide the content provider with a copy of the removal order pursuant to article 4 .


### where hosting service providers use automated tools pursuant to this regulation in respect of content that they store , they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content , in particular decisions to remove or disable content considered to be terrorist content , are accurate and well - founded . ### where hosting service providers use measures that go beyond their obligations pursuant to this regulation in respect of content that they store , they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content , in particular decisions to remove or disable content considered to be terrorist content , &#160 ; are accurate and well - founded and do not lead to the removal of or disabling access to legal content .


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers shall , where appropriate and depending on the risk and level of exposure , take proportionate specific measures to protect their services against the dissemination of terrorist content that fully respect the fundamental rights of the users , and the fundamental importance of the freedom of expression and information as well as the right to privacy and protection of personal data in an open and democratic society . such measures may include systems to allow users to report potential terrorist content or peer - to - peer content moderation . such measures shall be taken in accordance with article 3 and in particular shall not include automated content filters or other measures that entail the systematic monitoring of user behaviour . they shall be targeted and proportionate , taking into account the risk and level of exposure to terrorist content , and must respect the constitutional arrangements of the member state in which the main establishment of the hosting service provider or its designated representative is located . . this paragraph is without prejudice to possible additional voluntary measures taken by the hosting service provider outside the scope of this regulation .


### hosting service providers should apply certain duties of care , in order to prevent the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that , when applying this regulation , hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information . ### without prejudice to article 15 of directive 2000 / 31 / ec , hosting service providers that have been exposed to a significant number of uncontested removal orders should apply certain duties of care , in order to address the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that , when applying this regulation , hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information and freedom and pluralism of the media .


### the application of this regulation should not affect the application of article 14 of directive 2000 / 31 / ec8 . in particular , any measures taken by the hosting service provider in compliance with this regulation , including any proactive measures , should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under article 14 of directive 2000 / 31 / ec for liability exemption are not met . __________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### this regulation should lay down specific obligations for hosting service providers , exposed to terrorist content . this regulation should not affect the application of directive 2000 / 31 / ec8 . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under of directive 2000 / 31 / ec for liability exemption are not met . __________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation no sooner than three years after its entry into force . the evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu added value . it will assess the functioning of the different operational and technical measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected rights and interests of third parties , including a review of the requirement to inform content providers . ### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation three years after its entry into force . it will assess the functioning of the different measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected fundamental rights , including the freedom of expression and information , the right to freedom and pluralism of the media , the freedom to conduct a business and the rights to privacy and protection of personal data .


### complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information . hosting service providers should therefore establish user - friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider . the requirement for the hosting service provider to reinstate the content where it has been removed in error , does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds . ### complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information . hosting service providers should therefore establish user - friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider and this should include information on all effective remedy options , including judicial redress . content providers should also have the right to complain directly to the competent authority in their own member state if they are unable to resolve their complaint with a hosting service provider . the requirement for the hosting service provider to reinstate the content where it has been removed in error , does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds .


### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers that are exposed to terrorist content shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard in all circumstances to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . those actions shall not amount to a general obligation on hosting service providers to monitor the information , which they store , nor a general obligation actively to seek facts or circumstances indicating illegal activity .


### the right to an effective remedy is enshrined in article 19 teu and article 47 of the charter of fundamental rights of the european union . each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this regulation , which can adversely affect the rights of that person . the right includes , in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the member state whose authorities issued the removal order . ### the right to an effective remedy is enshrined in article 19 teu and article 47 of the charter of fundamental rights of the european union . each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this regulation , which can adversely affect the rights of that person . the right includes , in particular the right for the hosting service providers and content providers to be informed about all available means of redress and the possibility for content providers to contest the results of measures taken by the hosting provider , and to be informed of effective means of remedies . it also includes the right for hosting service providers and content providers to effectively contest the removal orders or penalties before the court of the member state whose authorities issued the removal order or penalties , or the court where the hosting service provider or content provider is established or represented .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities might take to address the dissemination of terrorist content online , this regulation should establish a definition of terrorist content that is in line with the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , artistic , journalistic or research purposes , or for awareness raising purposes against terrorist activity , should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha .