GermanyTerroristische-Online-Inhalte-Bekämpfungs-Gesetz (TerrOIBG, Terrorist Online Content Act), Implementation of Regulation (EU) 2021/784
In force since .
A specific illegal content rule binding public and private bodies.
- Obligation class
- Reporting, Retention, Disclosure
As of .
What it requires
- After receiving an enforceable removal order, remove the terrorist content and block access to it within one hour, as Article 3(3) of Regulation (EU) 2021/784 requires and as Article 4(2) read with Article 3(3) requires (section 6(1) numbers 1 and 3).
- As a hosting service provider, send the Bundesnetzagentur by 1 March of each year the information under Article 21(1), second sentence, point (c) of the Regulation for the previous calendar year (section 3(2)).
- Comply with the other duties of the Regulation that section 6(1) makes administrative offences to breach: informing the competent authority (Article 3(6), also as applied by Article 4(2), and Article 14(5) first sentence); restoring content and lifting a block after a decision under Article 4(7) or Article 10(2); taking the specific measures of Article 5(2), first subparagraph, within twelve months of the authority's finding of exposure; reporting under Article 5(5); acting on orders under Article 5(6) and Article 6(2), second sentence; preserving removed content and related data for the prescribed period (Article 6(1) with 6(2)); publishing the transparency report (Article 7(2) with (3)); setting up the complaint mechanism at the time the measure is taken and informing the complainant (Article 10(1) and (2)); giving the content provider the information and the copy that Article 11(1) and (2) require; notifying the contact point and passing on information without delay after becoming aware (Article 14(5) second sentence); designating and setting up a contact point (Article 15(1)); and designating a legal representative and notifying the authority (Article 17(1) and (4)).
- When using a technical means under Article 5(3), second sentence, ensure that material that is not terrorist content is not removed, and add to your terms and conditions, within twelve months of the authority's finding that you are exposed to terrorist content, the measures you take under Article 5(2), first subparagraph (section 6(2)).
If you get it wrong
Criminal exposureNo
Penalty structure
Section 6(3): up to 5 million euros for the offences in section 6(1) numbers 1, 2(b), 3, 4, 11, 15 and 16, up to 500,000 euros for numbers 2(a), 5 to 10, 13, 14 and 17 to 19, and up to 50,000 euros for the others. Section 6(4): for a legal person or association with annual total turnover above 125 million euros, up to 4 percent of worldwide annual turnover for an intentional offence under section 6(1) number 1. Section 5: a coercive penalty of up to 5 million euros to enforce orders under Article 3(1) and Article 5(6).
- Rule
- Higher of
- As of
- Currency
- EUR
- Fixed cap
- 5,000,000
- Turnover percentage cap
- 4
Who enforces it
Enforcement body
The Bundesnetzagentur, the administrative authority for the fines and the authority for monitoring specific measures under Article 5 and imposing penalties under Article 18 of Regulation (EU) 2021/784 (sections 1(2) and 6(5)); the Bundeskriminalamt issues and reviews removal orders (section 1(1)).
What this law does
Section 1(1) designates the Bundeskriminalamt as the competent authority under Article 12(1), points (a) and (b), of Regulation (EU) 2021/784 for issuing and reviewing removal orders under Articles 3 and 4. Section 1(2) designates the Bundesnetzagentur as the competent authority under Article 12(1), points (c) and (d), for monitoring the implementation of hosting service providers' specific measures under Article 5 and for imposing penalties under Article 18.
Section 1(3) has the Bundeskriminalamt set up the contact point under Article 12(2) of the Regulation and publish how to reach it on its website. Section 3(2) requires hosting service providers to send the Bundesnetzagentur each calendar year, by 1 March of the year after the reporting year, the information under Article 21(1), second sentence, point (c), of the Regulation.
Section 5 allows a coercive penalty (Zwangsgeld) of up to 5 million euros under the Verwaltungsvollstreckungsgesetz to enforce orders under Article 3(1) and Article 5(6) of the Regulation. Section 6(1) makes it an administrative offence to breach, intentionally or negligently, the articles of the Regulation it lists, the first being to fail to remove terrorist content and block access to it within one hour after receiving an enforceable removal order under Article 3(3).
Section 6(2) also makes it an administrative offence, intentionally or negligently, not to ensure when using a technical means under Article 5(3), second sentence, that material that is not terrorist content is not removed, and not to supplement the terms and conditions with the specific measures within twelve months of the authority's finding that the provider is exposed to terrorist content.
Section 6(3) sets a maximum fine of 5 million euros for the offences in paragraph 1 numbers 1, 2(b), 3, 4, 11, 15 and 16, of 500,000 euros for numbers 2(a), 5 to 10, 13, 14 and 17 to 19, and of 50,000 euros for the other offences. For a legal person or association with an annual total turnover above 125 million euros, section 6(4) allows an intentional offence under paragraph 1 number 1 to be fined up to 4 percent of the worldwide annual turnover of the preceding financial year.
Section 6(5) names the Bundesnetzagentur as the administrative authority for these offences. The Act was enacted as Article 1 of the Act of . It took effect on .
When LexLint raises it
When your app profile says your app operates a social platform.