IRELAND IS BEING taken to the European Union’s top court for failing to follow key rules on removing terrorist and bomb-making content from the internet.

The European Commission announced today that it has referred Ireland, along with Bulgaria and Portugal, to the Court of Justice of the EU, as the government has not fully implemented the Terrorist Content Online (TCO) Regulation.

The regulation requires countries to make sure terrorist content is taken down from websites and social media platforms (within one hour of being told to do so).

The rules, which came into effect in June 2022, are meant to stop extremist groups from spreading propaganda, recruiting people, or encouraging attacks online.

Under the regulation, terrorist content includes any material that promotes or glorifies terrorist acts, encourages others to join or support terrorist groups, gives instructions for making or using weapons or explosives, or threatens to carry out an attack.

The regulation also covers content related to explosives precursors — substances and materials that can be used to make bombs and other explosive devices. 

TCO regulation is designed to ensure that this type of content is removed swiftly to limit its spread and potential harm.

According to the Commission, Ireland has not met several basic requirements under the regulation.

These include appointing and notifying a competent authority to issue and enforce removal orders, setting up a public contact point to handle questions and complaints about those orders, and putting in place a system of penalties for companies that fail to comply.

Delayed Irish response

While the Commission said that the Irish government has made some progress, it added it came too late and still falls short of full compliance.

It wasn’t until September 2024 – over two years after the rules came into force – that Coimisiún na Meán was appointed to handle penalties on service providers for breaches of the TCO Regulation.

At the same time, the government confirmed that An Garda Síochána would act as the authority responsible for issuing takedown orders for terrorist content.

The Commission has criticised the delays, arguing that these steps should have been in place much earlier to ensure effective enforcement.

It had already warned Ireland in January 2023 through a formal notice, followed by a legal opinion in February 2024.

With those concerns still unresolved, the Commission has now referred the case to the Court of Justice.

If the court finds that Ireland has failed to meet its legal obligations, it could face financial penalties.