### 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 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 as defined in this regulation and hosting service providers should adopt exclusively 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 , the rights to privacy and personal data protection , which constitute the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures taken under this regulation should be necessary , appropriate and proportionate to the aim they pursue to contribute to the fight against terrorism , 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 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 possibility for hosting service providers and content providers to be informed about redress , the possibility for content providers to appeal against removal decisions taken by the hosting service provider and 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 as well as the possibility for hosting service providers to contest any decision imposing penalties before the courts of the member state where they are established or have a legal representative .


### 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 should take to prevent the dissemination of illegal terrorist content online , this regulation should establish a definition of illegal terrorist content based on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the illegal terrorist content online , the definition should capture material and information that intentionally incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences when and insofar as they are committed with a specific terrorist aim , namely to seriously intimidate a population , to unduly compel a government or an international organisation to perform or abstain from performing any act , or to seriously destabilise or destroy the fundamental political , constitutional , economic or social structures of a country or an international organisation . 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 or the respect for other fundamental rights , including the right to freedom of speech , and the rights to privacy and family life and to the protection of personal data . 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 falls outside the scope of this regulation and , in particular , of the definition of public provocation to commit terrorist offences . _________________ 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 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 should take to prevent the dissemination of terrorist content online , this directive should establish a definition of terrorist content based on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council . given the need to address the terrorist content online , the definition should capture material and information that intentionally incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences when and insofar as they are committed with a specific terrorist aim , namely to seriously intimidate a population , to unduly compel a government or an international organisation to perform or abstain from performing any act , or to seriously destabilise or destroy the fundamental political , constitutional , economic or social structures of a country or an international organisation . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this directive , 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 or the respect for other fundamental rights , including the right to freedom of speech , and the rights to private and family life and to the protection of personal data . 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 , falls outside the scope of this directive and , in particular , of the definition of public provocation to commit terrorist offences .


### 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 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 , but is not limited to 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 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 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 . obviously , content disseminated for educational , journalistic or research purposes should be identified and adequately protected and should not be equated with incitement to terrorism unless the dissemination of such content enables it to be used for terrorist purposes . a fair balance would thus be struck between freedom of expression and information and public security requirements . in particular , any decision to remove journalistic content should take account of journalists ' codes of self - regulation and ethics , in accordance with article 11 of the charter of fundamental rights of the european union . in the interest of consistency , 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 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 directive 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 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 , to the extent they make the information available to the public . the directive 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 directive .


### 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 illegal 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 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 , to the extent they make the information 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 illegal 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 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 only apply to information society services which store information provided by a recipient of the service at his or her request and make such content available to the public , which means that the content providers do not predetermine the scope of potential users of the content . by way of example such providers include video - sharing platforms , social media platforms , streaming services , image and audio sharing services , file sharing services , and other cloud and storage services , with the exception of business - to - business cloud hosting service providers , to the extent they make the content available to the public . for the purpose of this regulation , web hosting service providers that provide the technical infrastructure to website operators , mere conduits and other electronic communication services , caching services , cloud it infrastructure services , protection services , other services provided in other layers of the internet infrastructure , such as registries and registrars , domain name systems , adjacent services , such as payment services , distributed denial of service , protection services , interpersonal communication services that enable direct interpersonal and interactive exchange of information between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient , should be therefore excluded from its scope . ' cloud infrastructure services ' which consist in the provision of on demand physical or virtual resources that provide computing and storage infrastructure capabilities on which the service provider has no contractual rights as to what content is stored or how it is processed or made publicly available by its customers or by the end - users of such customers , and where the service provider has no technical capability to remove specific content stored by their customers or the end - users of their customers , should also be excluded from the scope of this regulation . 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 .


### a substantial connection to the union should be relevant to determine the scope of this regulation . such a substantial connection to the union should be considered to exist where the service provider has an establishment in the union or , in its absence , on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states . the targeting of activities towards one or more member states can be determined on the basis of all relevant circumstances , including factors such as the use of a language or a currency generally used in that member state , or the possibility of ordering goods or services . the targeting of activities towards a member state could also be derived from the availability of an application in the relevant national application store , from providing local advertising or advertising in the language used in that member state , or from the handling of customer relations such as by providing customer service in the language generally used in that member state . a substantial connection should also be assumed where a service provider directs its activities towards one or more member state as set out in article 17 of regulation 1215 / 2012 of the european parliament and of the council10 . on the other hand , provision of the service in view of mere compliance with the prohibition to discriminate laid down in regulation 2018 / 302 of the european parliament and of the council11 cannot , on that ground alone , be considered as directing or targeting activities towards a given territory within the union . _________________ 10 regulation 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . 11 regulation 2018 / 302 of the european parliament and of the council of 28 february 2018 on addressing unjustified geo - blocking and other forms of discrimination based on customers’ nationality , place of residence or place of establishment within the internal market and amending regulations no 2006 / 2004 and 2017 / 2394 and directive 2009 / 22 / ec . ### a substantial connection to the union should be relevant to determine the scope of this regulation . such a substantial connection to the union should be considered to exist where the service provider has an establishment in the union or , in its absence , on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states . the targeting of activities towards one or more member states can be determined on the basis of all relevant circumstances , including factors such as the use of a language or a currency generally used in that member state . the targeting of activities towards a member state could also be derived from the availability of an application in the relevant national application store , from providing local advertising or advertising in the language used in that member state , or from the handling of customer relations such as by providing customer service in the language generally used in that member state . a substantial connection should also be assumed where a service provider directs its activities towards one or more member state as set out in article 17 of regulation 1215 / 2012 of the european parliament and of the council10 . on the other hand , provision of the service in view of mere compliance with the prohibition to discriminate laid down in regulation 2018 / 302 of the european parliament and of the council11 cannot , on that ground alone , be considered as directing or targeting activities towards a given territory within the union . _________________ 10 regulation 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . 11 regulation 2018 / 302 of the european parliament and of the council of 28 february 2018 on addressing unjustified geo - blocking and other forms of discrimination based on customers’ nationality , place of residence or place of establishment within the internal market and amending regulations no 2006 / 2004 and 2017 / 2394 and directive 2009 / 22 / ec .


### a substantial connection to the union should be relevant to determine the scope of this regulation . such a substantial connection to the union should be considered to exist where the service provider has an establishment in the union or , in its absence , on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states . the targeting of activities towards one or more member states can be determined on the basis of all relevant circumstances , including factors such as the use of a language or a currency generally used in that member state , or the possibility of ordering goods or services . the targeting of activities towards a member state could also be derived from the availability of an application in the relevant national application store , from providing local advertising or advertising in the language used in that member state , or from the handling of customer relations such as by providing customer service in the language generally used in that member state . a substantial connection should also be assumed where a service provider directs its activities towards one or more member state as set out in article 17 of regulation 1215 / 2012 of the european parliament and of the council10 . on the other hand , provision of the service in view of mere compliance with the prohibition to discriminate laid down in regulation 2018 / 302 of the european parliament and of the council11 cannot , on that ground alone , be considered as directing or targeting activities towards a given territory within the union . _________________ 10 regulation 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . 11 regulation 2018 / 302 of the european parliament and of the council of 28 february 2018 on addressing unjustified geo - blocking and other forms of discrimination based on customers’ nationality , place of residence or place of establishment within the internal market and amending regulations no 2006 / 2004 and 2017 / 2394 and directive 2009 / 22 / ec . ### a substantial connection to the union should be relevant to determine the scope of this regulation . such a substantial connection to the union should be considered to exist where the service provider has an establishment in the union or , in its absence , on the basis of the existence of substantial number of users in one or more member states , or the targeting of activities towards one or more member states . the targeting of activities towards one or more member states can be determined on the basis of all relevant circumstances , including factors such as the use of a language or a currency generally used in that member state , or the possibility of ordering goods or services . the targeting of activities towards a member state could also be derived from the availability of an application in the relevant national application store , from providing local advertising or advertising in the language used in that member state , or from the handling of customer relations such as by providing customer service in the language generally used in that member state . a substantial connection should also be assumed where a service provider directs its activities towards one or more member state as set out in article 17 of regulation 1215 / 2012 of the european parliament and of the council10 . on the other hand , provision of the service in view of mere compliance with the prohibition to discriminate laid down in regulation 2018 / 302 of the european parliament and of the council11 cannot , on that ground alone , be considered as directing or targeting activities towards a given territory within the union . _________________ 10 regulation 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . 11 regulation 2018 / 302 of the european parliament and of the council of 28 february 2018 on addressing unjustified geo - blocking and other forms of discrimination based on customers’ nationality , place of residence or place of establishment within the internal market and amending regulations no 2006 / 2004 and 2017 / 2394 and directive 2009 / 22 / ec .


### 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 should apply certain duties of care , in order to address the abuse of their services for the purposes of dissemination of illegal terrorist content by content providers . 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 illegal . the removal has to be undertaken in the observance of freedom of expression and freedom to receive and impart information


### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules regarding protection of personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### 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 exercising duty of care , hosting service providers should ensure that users’ right to freedom of expression and freedom to receive and impart information is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data and protection of privacy , the hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications , as well as periodic review of actions taken to avoid any unintended and erroneous practices leading to removal of content that is not illegal terrorist content . the hosting service providers should also ensure that their exercising due care does not produce disproportionate , discriminatory , untargeted , unspecific or unjustified effects .


### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content . ### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content as well as the level of exposure of the host service provider to terrorist content .


### the obligation to preserve the content for proceedings of administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it disabled as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of the review procedure . the obligation to preserve content for investigative and prosecutorial purposes is justified and necessary in view of the value this material could bring for the purpose of disrupting or preventing terrorist activity . where companies remove material or disable access to it , in particular through their own proactive measures , and do not inform the relevant authority because they assess that it does not fall in the scope of article 13 of this regulation , law enforcement may be unaware of the existence of the content . therefore , the preservation of content for purposes of prevention , detection , investigation and prosecution of terrorist offences is also justified . for these purposes , the required preservation of data is limited to data that is likely to have a link with terrorist offences , and can therefore contribute to prosecuting terrorist offences or to preventing serious risks to public security . ### the obligation to preserve the content for proceedings of administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of the review procedure .


### to ensure proportionality , the period of preservation should be limited to six months to allow the content providers sufficient time to initiate the review process and to enable law enforcement access to relevant data for the investigation and prosecution of terrorist offences . however , this period may be prolonged for the period that is necessary in case the review proceedings are initiated but not finalised within the six months period upon request by the authority carrying out the review . this duration should be sufficient to allow law enforcement authorities to preserve the necessary evidence in relation to investigations , while ensuring the balance with the fundamental rights concerned . ### to ensure proportionality , the period of preservation should be limited to six months to allow the content providers sufficient time to initiate the review process . however , this period may be prolonged for the period that is necessary for the sole case that the review proceedings are initiated but not finalised within the six months period upon request by the authority carrying out the review .


### 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 freedom to receive and impart 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 .


### 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 .


### 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 . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . usually this requires a clear notification to the content provider . in exceptional circumstances , hosting service providers may replace content which is considered illegal terrorist content , first with a message that it has been removed in accordance with this regulation . further information about the reasons for the removal , as well as a copy of the removal order and information of the possibilities for the content provider to contest the decision before a court should be provided with the notification . where competent authorities decide that for reasons of public security including in the context of an investigation , when it is proportionate and necessary to do so , 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 . 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 . ### more generally , 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 . hosting service providers should , where possible , inform content providers through any means available of any content the hosting service provider has removed . however , 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 .


### 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 proactive measures , competent judicial authorities in member states should liaise with each other with regard to the discussions they have with hosting service providers and with educational institutions and civil society organisations , such as journalists’ associations , youth organisations , media supervisory bodies and others , as to the assessment , identification and implementation of meaningful and sustainable proactive measures to combat terrorism and radicalisation .


### it is essential that the competent authority within the member state responsible for imposing penalties is fully informed about the issuing of removal orders and referrals and subsequent exchanges between the hosting service provider and the relevant competent authority . for that purpose , member states should ensure appropriate communication channels and mechanisms allowing the sharing of relevant information in a timely manner . ### it is essential that the competent authority within the member state responsible for imposing penalties is fully informed about the issuing of removal orders and referrals and subsequent exchanges between the hosting service provider and the relevant competent authority . for that purpose , member states must ensure appropriate communication channels and mechanisms allowing the sharing of relevant information in a timely manner .


### it is essential that the competent authority within the member state responsible for imposing penalties is fully informed about the issuing of removal orders and referrals and subsequent exchanges between the hosting service provider and the relevant competent authority . for that purpose , member states should ensure appropriate communication channels and mechanisms allowing the sharing of relevant information in a timely manner . ### it is essential that the competent authority within the member state responsible for imposing penalties is fully informed about the issuing of removal orders and subsequent exchanges between the hosting service provider and the relevant competent authority . for that purpose , member states should ensure appropriate and secure communication channels and mechanisms allowing the sharing of relevant information in a timely manner .


### 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 . ### member states should establish penalties to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on such penalties , which should be proportionate and practicable , taking into account the size and the nature of the hosting services provider concerned . severe penalties should be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it without undue delay . where a terrorist content is manifestly harmful or constitutes an immediate threat to public order , hosting service providers should remove or disable access to the terrorist content upon receiving the duly justified 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 , but do not encourage the arbitrary removal of content which is not terrorist content . 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 .


### 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 no sooner than three years after its entry into force . the evaluation should be based on the five criteria of necessity and proportionality , 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 removal of illegal terrorist content , the effectiveness of the safeguard mechanisms as well as the impacts to the affected fundamental rights and interests of individuals , including a review of the requirement to inform content providers .


### 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 prevent the misuse of hosting services for the public dissemination of terrorist content online . it lays down in particular :


### 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 directive 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 prevent the misuse of hosting services for the dissemination of terrorist content online . it lays down in particular : ### without prejudice to the obligation to respect fundamental rights and fundamental legal principles as enshrined in article 6 teu , this regulation lays down uniform rules to prevent the misuse of hosting services for the dissemination to the public of terrorist content online . it lays down in particular :


### a set of measures to be put in place by member states to identify terrorist content , to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other member states , hosting service providers and where appropriate relevant union bodies . ### a set of measures to be put in place by member states to identify the illegal terrorist content , to enable its swift removal by hosting service providers following a removal order and to facilitate cooperation with the competent authorities in other member states and hosting service providers .


### this regulation shall apply to hosting service providers offering services in the union , irrespective of their place of main establishment . ### this regulation shall apply to hosting service providers offering services to the public in the union , irrespective of their place of main establishment .


### instructing on methods or techniques for the purpose of committing terrorist offences . ### intentionally instructs 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 purposes of committing , or contributing to the commission of , terrorist offences .


### instructing on methods or techniques for the purpose of committing terrorist offences . ### intentionally instructs 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 purposes of committing , or contributing to the commission of terrorist offences .


### 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 shall take appropriate , reasonable and proportionate actions in accordance with this directive , against the use of their services for the purposes of dissemination of terrorist content by content providers 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 freedom to receive and impart information in an open and democratic society .


### 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 statement of reasons explaining why the content is considered illegal terrorist content and a specific reference to the categories of terrorist content listed in article 2 ;


### information about redress available to the hosting service provider and to the content provider ; ### information about redress , its modalities and deadlines , available to the hosting service provider and to the content provider , including redress possibilities with the competent authority as well as the recourse to the court ;


### the competent authorities shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to article 16 and transmit it to the point of contact referred to in article 14 . such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender , including the accuracy of the date and the time of sending and receipt of the order . ### the competent authorities shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to article 16 and transmit it to the point of contact referred to in article 14 . such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender , including the accuracy of the date and the time of sending and receipt of the order . such orders shall be made in one of the languages specified in accordance with article 14 .


### 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 cannot comply with the removal order because the removal order contains manifest errors or does not contain sufficient technical 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 .


### 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 illegal terrorist content which has been removed as a result of a removal order , pursuant to article 4 and related data removed as a consequence of the removal of the illegal terrorist content and which is solely necessary for :


### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the terrorist content shall , upon request from the competent authority or court , be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1 . ### the illegal terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the illegal terrorist content shall , upon request from the competent authority or court , be preserved for a longer period only when and for as long as necessary for ongoing proceedings of administrative or judicial review or remedy referred to in paragraph 1 .


### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the terrorist content shall , upon request from the competent authority or court , be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1 . ### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the terrorist content shall , upon request from the competent authority or court , be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1 . related data preserved shall be erased after this period .


### hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content . ### hosting service providers shall make publicly available annual transparency reports on action taken against the abuse of their services for the purposes of dissemination of illegal terrorist content by content providers .


### 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 illegal terrorist content removed following removal orders , ;


### 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 exercise their duty of care 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 content considered to be illegal terrorist content , &#160 ; are accurate and well - founded .


### hosting service providers shall establish effective and accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a referral pursuant to article 5 or of proactive measures pursuant to article 6 , to submit a complaint against the action of the hosting service provider requesting reinstatement of the content . ### without prejudice to the judicial remedies available to content providers under national law , hosting service providers shall establish expeditious , effective and accessible complaints and redress mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a referral pursuant to article 5 or of proactive measures pursuant to article 6 , to submit a substantiated complaint against the action of the hosting service provider requesting reinstatement of the content .


### 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 removed illegal terrorist content pursuant to a removal order , they shall make available to the content provider comprehensive information regarding the reasons for the removal of the content . this information shall include a copy of the removal order issued according to article 4 , the legal basis for the removal decision , as well as the possibility and procedures for contesting the decision , both with the hosting service provider , as well as with the competent authority .


### 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 , based on objective evidence and considering the proportionality and necessity of such decision , 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 to illegal terrorist content .


### cooperation between hosting service providers , competent authorities and where appropriate relevant union bodies ### cooperation between hosting service providers and competent authorities


### competent authorities in member states shall inform , coordinate and cooperate with the competent authority referred to in article 17 and with regard to measures taken pursuant to article 6 and enforcement actions pursuant to article 18 . member states shall make sure that the competent authority referred to in article 17 and is in possession of all the relevant information . for that purpose , member states shall provide for the appropriate communication channels or mechanisms to ensure that the relevant information is shared in a timely manner . ### competent authorities in member states shall inform , coordinate and cooperate with the competent authority referred to in article 17 with regard to enforcement actions pursuant to article 18 . member states shall make sure that the competent authority referred to in article 17 is in possession of all the relevant information . for that purpose , member states shall provide for the appropriate , secure communication channels or mechanisms to ensure that the relevant information is shared in a timely manner .


### where hosting service providers become aware of any evidence of terrorist offences , they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned member state or the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative . hosting service providers may , in case of doubt , transmit this information to europol for appropriate follow up . ### where hosting service providers obtain knowledge or awareness of any evidence of illegal terrorist content , they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned member state or the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative .


### 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 singular 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 .


### the hosting service provider shall entrust the legal representative with the receipt , compliance and enforcement of the removal orders , referrals , requests and decisions referred to in paragraph 1 on behalf of the hosting service provider concerned . hosting service providers shall provide their legal representative with the necessary powers and resource to cooperate with the competent authorities and comply with these decisions and orders . ### the hosting service provider shall entrust the legal representative with the receipt , compliance and enforcement of the removal orders referred to in paragraph 1 on behalf of the hosting service provider concerned . hosting service providers shall provide their legal representative with the necessary powers and resources to cooperate with the competent authorities and comply with these decisions and orders .


### 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 :


### the penalties provided for shall be effective , proportionate and dissuasive . member states shall , by [ within six months from the entry into force of this regulation ] at the latest , notify the commission of those rules and of those measures and shall notify it , without delay , of any subsequent amendment affecting them . ### the penalties provided for , pursuant to paragraphs 1 and 1a shall be effective , proportionate and dissuasive . member states shall , by [ within 18 months from the entry into force of this regulation ] at the latest , notify the commission of those rules and of those measures and shall notify it , without delay , of any subsequent amendment affecting them .


### the level of cooperation of the hosting service provider with the competent authorities . ### the level of cooperation of the hosting service provider with the relevant competent authorities .


### the commission shall be empowered to adopt delegated acts in accordance with article 20 in order to supplement this regulation with technical requirements for the electronic means to be used by competent authorities for the transmission of removal orders . ### the commission shall be empowered to adopt delegated acts in accordance with article 20 in order to supplement this regulation with the necessary technical requirements for the electronic means to be used by competent authorities for the transmission of removal orders .


### 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 and referrals issued , the number of pieces of illegal terrorist content which has been removed or access to it disabled , including the corresponding timeframes pursuant to article 4 ;


### 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 . ### 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 and effectiveness of the safeguard mechanisms . the report shall also cover the impact of this regulation on freedom of expression and freedom to receive and impart information , as well as the rights to privacy and protection of personal data . . member states shall provide the commission with the information necessary for the preparation of the report . .


### 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 . ### no sooner than [ three years from the date of application of this directive ] , the commission shall carry out an evaluation of this directive and submit a report to the european parliament and to the council on the application of this directive including the functioning of the effectiveness of the safeguard mechanisms . the report shall also cover the impact of this directive on freedom of expression and information as well as the rights to private and family life and the protection of personal data . member states shall provide the commission with the information necessary for the preparation of the report .


### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee media pluralism , cultural diversity and consumer protection . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . ### the convergence of the telecommunications , media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single european electronic communications code established by a single directive , with the exception of matters better dealt with through directly applicable rules established through regulations . it is necessary to separate the regulation of electronic communications networks and services from the regulation of content . this code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services , such as broadcasting content , financial services and certain information society services , and is therefore without prejudice to measures taken at union or national level in respect of such services , in compliance with union law , in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism . the content of television programmes is covered by directive 2010 / 13 / eu of the european parliament and of the council21 . the regulation of audiovisual policy and content aims at achieving general interest objectives , such as freedom of expression , media pluralism , impartiality , cultural and linguistic diversity , social inclusion , consumer protection and the protection of minors . the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them , in particular in order to guarantee freedom of expression and information , media pluralism , cultural diversity , consumer protection , privacy and the protection of personal data . __________________ 21 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services .


### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . ### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development to ensure the non - discriminatory application of the present directive to the different service providers . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voicecommunications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ' click - through ' application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for end - users with disabilities using text or video relay or total conversation services , such as voice , video and real - time text , singly or in combination , within the same call ) .


### in the context of a competitive environment , the views of interested parties , including users and consumers , should be taken into account by national regulatory authorities when dealing with issues related to end - users ' rights . out - of - court dispute settlement procedures may constitute a fast and cost - efficient way end - users to enforce their rights , in particular for consumers and micro and small enterprises . for consumer disputes , effective , non - discriminatory and inexpensive procedures to settle their disputes with providers of publicly available electronic communications services are already ensured by directive 2013 / 11 / eu of the european parliament and of the council31 in so far as relevant contractual disputes are concerned and the consumer is resident and the undertaking is established within the union . as many member states have established dispute resolution procedures also for end - users other than consumers , to whom directive 2013 / 11 / eu does not apply , it is reasonable to maintain the sector - specific dispute resolution procedure for both consumers and , where member states extend it , also for other end - users , in particular micro and small enterprises . in view of the deep sectorial expertise of national regulatory authorities , member states should enable the national regulatory authority to act as dispute settlement entity , through a separate body within that authority which should not be subject to any instructions . dispute resolution procedures under this directive that involve consumers should be subject to the quality requirements set out in chapter ii of directive 2013 / 11 / eu . __________________ 31 directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec . ### in the context of a competitive environment , the views of interested parties , including users and consumers , should be taken into account by national regulatory authorities when dealing with issues related to end - users ' rights . out - of - court dispute settlement procedures may constitute a fast and cost - efficient way end - users to enforce their rights , in particular for consumers and micro and small enterprises . for consumer disputes , effective , non - discriminatory and inexpensive procedures to settle their disputes with providers of publicly available electronic communications services are already ensured by directive 2013 / 11 / eu of the european parliament and of the council31 in so far as relevant contractual disputes are concerned and the consumer is resident and the undertaking is established within the union . as many member states have established dispute resolution procedures also for end - users other than consumers , to whom directive 2013 / 11 / eu does not apply , it is reasonable to maintain the sector - specific dispute resolution procedure for both consumers and , where member states extend it , also for other end - users , in particular micro and small enterprises . consumers should always be allowed to resolve their disputes with undertakings providing electronic communications networks and services through sector - specific dispute resolution procedure , if they wish to do so . in view of the deep sectorial expertise of national regulatory authorities , member states should enable the national regulatory authority to act as dispute settlement entity , through a separate body within that authority which should not be subject to any instructions . dispute resolution procedures under this directive that involve consumers should be subject to clear and efficient procedures and the quality requirements set out in chapter ii of directive 2013 / 11 / eu . __________________ 31 directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec .