Coimisiún na Meán has today (17.10.25) published a decision in respect of two hosting service providers under the Terrorist Content Online Regulation. Coimisiún na Meán has determined that WhatsApp Ireland Limited (in respect of the service Channels), and Pinterest services are ‘exposed to terrorist content.’
Terrorist content is defined in EU law as material that:
- incites the commission of terrorist offences, such as by the glorification of terrorist acts;
- advocates the commission of terrorist offences;
- solicits a person or a group of persons to commit or contribute to the commission of terrorist offences;
- incites, solicits, threatens or provides instruction on the commission of terrorist offences;
- solicits a person or a group of persons to participate in the activities of a terrorist group;
- provides instruction on the making or use of explosives, firearms, or other weapons, or noxious or hazardous substances, or other specific methods or techniques for the purpose of committing or contributing to the commission of terrorist offences;
- constitutes a threat to commit a terrorist offence
The Terrorist Content Online Regulation (TCOR) is one element of Coimisiún na Meán’s Online Safety Framework. TCOR provides an EU-wide mechanism to counteract the dissemination of terrorist content and to ensure the speedy removal of terrorist content by hosting service providers.
Under TCOR, hosting service providers which receive two or more final removal orders from EU competent authorities within the last 12 months may be determined as being exposed to terrorist content. An Coimisiún has reached this decision following the notification of two or more final removal orders in respect of these providers and following engagement with the providers. An Coimisiún has made this determination in line with its Decision Framework, published in June 2024.
Following this decision, Pinterest and WhatsApp Ireland Limited (in respect of the service Channels) will be obliged to take specific measures to protect their services from being used for the dissemination of terrorist content, and to report to Coimisiún na Meán on the specific measures taken within three months from the receipt of the decision. These measures shall be effective, targeted, proportionate and respectful of the fundamental rights of users.
Coimisiún na Meán will supervise and assess the mitigation actions taken by the provider. Where An Coimisiún considers that the specific measures taken do not comply with legislative requirements, An Coimisiún will address a decision to the hosting service provider requiring it to take the necessary measures to ensure that legislative provisions are complied with.
Last year, Coimisiún na Meán made four initial determinations under TCOR, that TikTok, X and Meta (in respect of Instagram and Facebook) services were ‘exposed to terrorist content’. An Coimisiún is continuing to supervise these four services previously labelled as being exposed to terrorist content in 2024. An Coimisiún is currently meeting with and seeking additional information from these providers on the specific measures that they have taken to protect users of their services from terrorist content as stated in Article 5 (2) and (3) of the Regulation.
Infringements by hosting service providers of the Terrorist Content Online Regulation can lead to the imposition of administrative fines, including financial penalties of up to four percent of global turnover.