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


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


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


### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services . ### while not the only factor , the presence of terrorist content online has proven to be crucial in terms of radicalising individuals who have committed terrorist acts within the union and beyond , which has had very serious negative consequences for citizens and society at large , but also for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . accordingly , in light of their central role and professional capabilities , in addition to the technological means associated with the services they provide , while taking account of the importance of safeguarding the fundamental freedoms of expression and information , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal removal orders requesting hosting service providers to remove illegal terrorist content , following an assessment by the competent authorities , should be harmonised . given the speed at which illegal terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that illegal terrorist content identified in the removal order is removed without undue delay after receiving the removal order .


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


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


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


### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information . ### this directive aims at ensuring the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights in an open and democratic society , by preventing the use of hosting services for spreading terrorist content . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards for the protection of fundamental rights , including the freedom of expression and information , as well as the respect for private and family life and the protection of personal data .


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


### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services . ### although the presence of terrorist content online does not constitute the only factor leading to violent extremism , it has serious negative consequences for users , especially the young ones , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers , while fully safeguarding freedom of expression and pluralism , have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services .


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


### hosting service providers shall establish a point of contact allowing for the receipt of removal orders and referrals by electronic means and ensure their swift processing pursuant to articles 4 and 5 . they shall ensure that this information is made publicly available . ### hosting service providers shall establish a point of contact allowing for the receipt of removal orders by electronic means and ensure their swift processing pursuant to article 4 . they shall ensure that this information is made publicly available .


### the obligation on hosting service providers to preserve removed content and related data , should be laid down for specific purposes and limited in time to what is necessary . there is need to extend the preservation requirement to related data to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question . related data can include data such as ‘ subscriber data’ , including in particular data pertaining to the identity of the content provider as well as ‘ access data’ , including for instance data about the date and time of use by the content provider , or the log - in to and log - off from the service , together with the ip address allocated by the internet access service provider to the content provider . ### the obligation on hosting service providers to preserve removed content and related data , should be for the sole purpose of proceedings of administrative or judicial review and remedy and limited in time to what is strictly necessary , but generally not exceeding six months . where there is legitimate need to extend the preservation requirement to related data , it can only be preserved to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question . related data should be limited to ‘ subscriber data’ , i . e . data pertaining to the identity of the content provider as well as ‘ access data’ , i . e . data about the date and time of use by the content provider , or the log - in to and log - off from the service , together with the ip address allocated by the internet access service provider to the content provider .


### each member state shall designate the authority or authorities competent to ### each member state shall designate the judicial authority competent to


### 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 :


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . the competent authority should only impose proactive measures that the hosting service provider can reasonably be expected to implement , taking into account , among other factors , the hosting service providers’ available human resources . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification .


### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information . ### this regulation aims at ensuring the smooth and transparent functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information .


### member states shall ensure that their competent authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this regulation . ### member states shall ensure that their competent judicial authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this directive .


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


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


### safeguards shall consist , in particular , of human oversight and verifications where appropriate and , in any event , where a detailed assessment of the relevant context is required in order to determine whether or not the content is to be considered terrorist content . ### safeguards shall consist , in particular , of human oversight and a detailed assessment in order to determine whether or not the content is to be considered illegal terrorist content .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### competent authorities of the member states should assess whether content is terrorist content , and should issue a legal order to request hosting service providers to either remove such content or to disable access to it . given the speed at which terrorist content is disseminated across online services , hosting service providers should ensure that such terrorist content identified in the removal order is removed or access to it is disabled without undue delay after having received the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union .


### proceedings of administrative or judicial review , ### proceedings of administrative or judicial review and remedy ,


### 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 .


### 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 .


### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### as it was highlighted by the report of the european parliament special committee on terrorism1a , efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers were insufficient . therefore the eu legal frameworks needs to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 334 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . _________________ 1a p8_ta - prov0512


### 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 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 .


### 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 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 and secure communication channels or mechanisms to ensure that the relevant information is shared in a timely manner .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal removal orders requesting hosting service providers to remove illegal terrorist content , following an assessment by the competent authorities , should be harmonised . given the speed at which illegal terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that illegal terrorist content identified in the removal order is removed without undue delay after receiving the removal order .


### ' terrorist offences ' means offences as defined in article 3 of directive 2017 / 541 ; ### ' terrorist offences ' means one of the intentional acts listed in article 3 of directive 2017 / 541 ;


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , only as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification .


### 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 .


### the obligation on hosting service providers to preserve removed content and related data , should be laid down for specific purposes and limited in time to what is necessary . there is need to extend the preservation requirement to related data to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question . related data can include data such as ‘ subscriber data’ , including in particular data pertaining to the identity of the content provider as well as ‘ access data’ , including for instance data about the date and time of use by the content provider , or the log - in to and log - off from the service , together with the ip address allocated by the internet access service provider to the content provider . ### the obligation on hosting service providers to preserve removed content and related data , should be for the sole purpose of proceedings of administrative or judicial review and remedy and limited in time to what is strictly necessary , but generally not exceeding six months . where there is legitimate need to extend the preservation requirement to related data , it can only be preserved to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question . related data should be limited to ‘ subscriber data’ , i . e . data pertaining to the identity of the content provider as well as ‘ access data’ , i . e . data about the date and time of use by the content provider , or the log - in to and log - off from the service , together with the ip address allocated by the internet access service provider to the content provider .


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


### hosting service providers shall acknowledge receipt and , without undue delay , inform the competent authority about the removal of terrorist content or disabling access to it , indicating , in particular , the time of action , using the template set out in annex ii . ### hosting service providers shall , without undue delay , inform the competent authority about the disabling of access to terrorist content , indicating the time of action , using the template set out in annex ii .


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


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to the public ;


### hosting service providers shall remove terrorist content or disable access to it within one hour from receipt of the removal order . ### without prejudice to articles 14 and 15 of directive 2000 / 31 / ec , hosting service providers shall remove terrorist content or disable access to it without undue delay following the receipt of the removal order . member states may provide that where a terrorist content is manifestly harmful or constitutes an immediate threat to the public order , hosting service providers shall remove or disable access to the terrorist content from the moment of receipt of a duly justified removal order .


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


### 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 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 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 .


### each member state shall designate the authority or authorities competent to ### each member state shall designate the authority competent to :


### 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 seeks to contribute to the protection of public security and should establish 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 and proportionate in a democratic society , taking into account the particular importance accorded to the freedom of expression and freedom to receive and impart information , as well as the respect for private life and the protection of personal data , which constitute the essential foundations of a pluralist , democratic society , and are among the values on which the union is founded . measures constituting an interference with the freedom of expression and freedom to receive and impart information should be strictly proportionate and necessary , narrowly targeted , in the sense that they must serve to prevent the dissemination of illegal terrorist content only , and 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 .


### 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&#160 ; that receive numerous uncontested removal orders&#160 ; shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the&#160 ; abuse of their services for the purposes of&#160 ; dissemination of&#160 ; illegal&#160 ; terrorist content&#160 ; by content providers&#160 ; and to protect users from&#160 ; illegal&#160 ; 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&#160 ; freedom to receive and impart&#160 ; information&#160 ; and ideas&#160 ; in an open and democratic society . .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### competent authorities of the member states should assess whether content is terrorist content , and should issue a legal order to request hosting service providers to either remove such content or to disable access to it . given the speed at which terrorist content is disseminated across online services , hosting service providers should ensure that such terrorist content identified in the removal order is removed or access to it is disabled without undue delay after having received the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union .


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


### member states and hosting service providers may choose to make use of dedicated tools , including , where appropriate , those established by relevant union bodies such as europol , to facilitate in particular : ### member states and hosting service providers shall make use of dedicated tools , including , where appropriate , those established by relevant union bodies such as europol , to facilitate in particular :


### 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 . ### hosting service providers shall establish an effective and accessible complaint mechanism allowing content providers , whose content has been removed , to submit a complaint against the action of the hosting service provider requesting reinstatement of the content .


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of illegal terrorist content’ means making illegal terrorist content available to the public on the hosting service providers’ services with the clear intent to incite , commit , or contribute to the commission of , a terrorist offence , excluding the dissemination of information for educational , journalistic , artistic or research purposes ;


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of illegal terrorist content’ means making illegal terrorist content available to third parties on the hosting service providers’ services ;


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### without prejudice to directive 2018 / 1808 and directive 2000 / 31 / ec , hosting service providers shall , depending on the risk and level of exposure to terrorist content , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective , targeted and proportionate , taking into account the risk and level of exposure to terrorist content , and with due respect to the fundamental rights of the users , in particular freedom of expression and information .


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


### the competent authority which issued the removal order shall inform the competent authority which oversees the implementation of proactive measures , referred to in article 17 when the removal order becomes final . a removal order becomes final where it has not been appealed within the deadline according to the applicable national law or where it has been confirmed following an appeal . ### the competent authority which issued the removal order shall inform the competent authority which oversees the implementation of specific measures , referred to in article 17 when the removal order becomes final . a removal order becomes final where it has not been appealed and redress has not been sought within the deadline according to the applicable national law or where it has been confirmed following an appeal .


### ' content provider ' means a user who has provided information that is , or that has been , stored at the request of the user by a hosting service provider ; ### ' content provider ' means a user who has intentionally provided information that is , or that has been , stored at the request of the user by a hosting service provider ;


### 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 :


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


### promoting the activities of a terrorist group , in particular by encouraging the participation in or support to a terrorist group within the meaning of article 2 of directive 2017 / 541 ; ### intentionally promotes the activities of a terrorist group subject to common position 2001 / 931 / cfs , in particular by inciting , soliciting or advocating persons or groups of persons to participate in the activities of a terrorist group , including by supplying information or material resources , or by funding its activities in any way ;


### 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 .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal removal orders requesting hosting service providers to remove illegal terrorist content , following an assessment by the competent authorities , should be harmonised . given the speed at which illegal terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that illegal terrorist content identified in the removal order is removed without undue delay after receiving the removal order .


### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including , where appropriate , a meaningful explanation of the functioning of proactive measures including the use of automated tools . ### hosting service providers shall clearly set out in their terms and conditions their policy to prevent the abuse of their services for the purposes of dissemination of illegal terrorist content by content providers and to protect the users from illegal terrorist content .


### identification of the competent authority issuing the removal order and authentication of the removal order by the competent authority ; ### identification of the competent authority by a digital signature issuing the removal order and authentication of the removal order by 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 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 .


### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content . ### transparency of hosting service providers ' policies in relation to illegal terrorist content is essential to enhance accountability towards users and to reinforce trust of citizens in hosting service providers’ and competent authorities’ in the union . hosting service providers should publish annual transparency reports containing detailed and meaningful information about action taken in relation to the detection , identification and removal of illegal terrorist content and the potential legal content restrictions . likewise , competent authorities should publish annual transparency reports containing detailed and meaningful information about the number of legal orders issued , the number of removals , the number of identified and detected illegal terrorist content leading to investigation and prosecution of terrorist offences and the number of restrictions on legal content .


### the obligation on hosting service providers to preserve removed content and related data , should be laid down for specific purposes and limited in time to what is necessary . there is need to extend the preservation requirement to related data to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question . related data can include data such as ‘ subscriber data’ , including in particular data pertaining to the identity of the content provider as well as ‘ access data’ , including for instance data about the date and time of use by the content provider , or the log - in to and log - off from the service , together with the ip address allocated by the internet access service provider to the content provider . ### the obligation on hosting service providers to preserve removed content and related data , should be for the sole purpose of proceedings of administrative or judicial review and remedy and limited in time to what is strictly necessary , but generally not exceeding six months . where there is legitimate need to extend the preservation requirement to related data , it can only be preserved to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question . related data should be limited to ‘ subscriber data’ , i . e . data pertaining to the identity of the content provider as well as ‘ access data’ , i . e . data about the date and time of use by the content provider , or the log - in to and log - off from the service , together with the ip address allocated by the internet access service provider to the content provider .


### 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 .


### 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 ;


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content including detection , identification and removal or disabling access to terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society .


### 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 .


### 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 .


### 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 ;


### 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 targeted rules to address the misuse of hosting services by third parties for the dissemination of illegal terrorist content online . it lays down in particular :


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . 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 without undue delay 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 . 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 illegal terrorist content .


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services consisting in the storage of online content provided by and at the request of the content provider and in making the information stored available to the public ;


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services that stores information provided by and at the request of the content provider and makes the information stored available to the public ;


### 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 . content disseminated for educational , journalistic , research , artistic and editorial purposes should not however be considered as terrorist content , and should therefore be excluded from the scope of this regulation . 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 .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . 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 refuses to remove illegal terrorist content without undue delay from the 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 . 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 illegal terrorist content .


### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online . of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to radicalise and recruit and to facilitate and direct terrorist activity . ### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online , which are a criminal offence under union law . of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to radicalise and recruit and to facilitate and direct terrorist activity .


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### without prejudice to directive 2018 / 1808 and directive 2000 / 31 / ec , hosting service providers shall , depending on the risk and level of exposure to terrorist content , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective , targeted and proportionate , taking into account the risk and level of exposure to terrorist content , and with due respect to the fundamental rights of the users , in particular freedom of expression and information .