The TCO Regulation came into force in June 2022 and requires that terrorist content in the EU is taken down by online platforms within one hour from receipt of a removal order issued by member states’ authorities.

The European Commission said it had decided to refer Bulgaria, Ireland and Portugal for allegedly failing to comply with one or more obligations under the TCO Regulation.

These include the requirement to designate the authority or authorities responsible for enforcing the Regulation and ensuring compliance, and to notify the Commission of those authorities; to establish a public contact point to handle requests for clarification and feedback in relation to removal orders; and to lay down the rules and measures on penalties in case of non-compliance of hosting service providers with their legal obligations.

The Commission previously sent letters of formal notice to Bulgaria, Ireland and Portugal in January 2023 and reasoned opinions to Ireland and Portugal in February 2024 and to Bulgaria in March 2024.

As it believes the three member states have not yet addressed all the concerns raised, it is now referring them to the CJEU, the Commission said today.

The Department of Justice, Home Affairs and Migration has been contacted for comment.