IrelandBroadcasting Act 2009, Terrorist Content Online Regulation Enforcement (Sections 139ZG, 139ZGA and 139ZW)
Broadcasting Act 2009 (No. 18 of 2009), ss. 139ZG(1), 139ZGA and 139ZW(1AA) and (3A)
In force since .
A specific illegal content rule binding private bodies.
- Obligation class
- Reporting, Governance
As of .
What it requires
- If you are a hosting service provider, comply with Articles 3(3) and (6), 4(2) and (7), 5(1), (2), (3), (5) and (6), 6, 7, 10, 11, 14(5), 15(1) and 17 of Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online: section 139ZG(1) of the Broadcasting Act 2009 makes an infringement of any of them a contravention that Coimisiún na Meán may investigate and sanction.
- If Coimisiún na Meán gives you written notice requiring information on whether you are a hosting service provider, or a hosting service provider that is or has been exposed to terrorist content, provide the information the notice specifies, in the form and manner it specifies, within 20 working days of the date of the notice or within a further period agreed in writing before those 20 days expire.
If you get it wrong
Penalty structure
Section 139ZW(1AA) of the Broadcasting Act 2009 allows an administrative financial sanction of up to 4 per cent of the inquiry subject's global turnover in the financial year preceding the decision for a systematic or persistent failure to comply with obligations under Article 3(3) of the Terrorist Content Online Regulation. Section 139ZW(3A) sets the matters the Commission considers for any contravention within paragraph (ba).
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 4
Who enforces it
Enforcement body
Coimisiún na Meán, designated as the competent authority that is competent to impose penalties pursuant to Article 18 of Regulation (EU) 2021/784 by regulation 3 of S.I. No. 487 of 2024.
What this law does
Section 139ZG(1) of the Broadcasting Act 2009 defines a contravention to include an infringement by a hosting service provider of Article 3(3) or (6), Article 4(2) or (7), Article 5(1), (2), (3), (5) or (6), Article 6, Article 7, Article 10, Article 11, Article 14(5), Article 15(1) or Article 17 of the Terrorist Content Online Regulation.
The Act defines the Terrorist Content Online Regulation as Regulation (EU) 2021/784 of the European Parliament and of the Council of on addressing the dissemination of terrorist content online.
Section 139ZW(1AA) provides that, for a contravention within paragraph (ba) that amounts to, or is a result of, a systematic or persistent failure to comply with obligations under Article 3(3), an administrative financial sanction of up to 4 per cent of the global turnover of the inquiry subject in the financial year preceding the decision may be imposed.
Section 139ZW(3A) requires the Commission, in setting the amount for such a contravention, to have regard to all relevant circumstances, including the nature, gravity and duration of the contravention, whether it was intentional or negligent, previous contraventions by the hosting service provider, its financial strength and its degree of fault.
Section 139ZGA lets the Commission by written notice require a person to provide it with information relating to whether the person is a hosting service provider, or is a hosting service provider that is, or has been, exposed to terrorist content. The person shall comply with the notice within 20 working days of the date of the notice or within such further period as may be agreed in writing before the expiry of the 20 days between the Commission and the person concerned.
Where the person fails to comply, the Commission may apply to a judge of the District Court assigned to the Dublin Metropolitan District for an order directing the person to provide the information requested in the notice.
When LexLint raises it
When your app profile says your app operates a social platform.