LatviaInformācijas sabiedrības pakalpojumu likums (Information Society Services Act), Articles 20 and 21, Terrorist Content Regulation Penalties
In force since .
A specific illegal content rule binding private bodies.
- Obligation class
- Reporting, Retention
As of .
What it requires
- If you are a hosting service provider, restore content or access to it at once when Article 4(7) of Regulation (EU) 2021/784 requires it, where restoration is still possible.
- Preserve terrorist content you removed or disabled, and the related data, for the period Article 6 of Regulation (EU) 2021/784 sets, and keep the technical and organizational safeguards that article requires.
- Give the investigating authority or prosecutor, the contact point, or Europol, in good time, the information on terrorist content linked to an imminent threat to life that Article 14(5) of Regulation (EU) 2021/784 requires.
- Remove terrorist content or disable access to it in all Member States within the time the Regulation sets, because systematic or persistent failure is fined up to 4 percent of total turnover.
If you get it wrong
Penalty structure
Article 20(5) allows a fine of up to 4 percent of the hosting service provider's total turnover in the previous business year for systematic or persistent failure to remove terrorist content. Article 20(1) to (4) allow a warning or a fine of up to 300 or 400 fine units for a natural person and up to 3,000 or 4,000 fine units for a legal person.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 4
Who enforces it
Enforcement body
State Police (Valsts policija), which conducts the administrative violation proceedings for the violations in Article 20.
What this law does
Article 20(1) of the Information Society Services Act provides a warning or a fine for a hosting service provider that fails to restore content or access to it at once under Article 4(7) of Regulation (EU) 2021/784 where restoration is no longer possible, up to 300 fine units for a natural person and up to 3,000 for a legal person.
Article 20(2) provides a warning or a fine up to 400 fine units for a natural person and up to 4,000 for a legal person for not preserving removed or disabled terrorist content and related data for the period set in Article 6 of the Regulation. Article 20(3) applies the same penalties for failing to maintain the technical and organizational safeguards Article 6 of the Regulation requires for preserved content and data.
Article 20(4) applies the same penalties for failing, or failing in good time, to give an investigating authority, a prosecutor, a contact point or Europol the information on terrorist content linked to an imminent threat to life that Article 14(5) of the Regulation requires.
Article 20(5) provides a fine of up to 4 percent of the hosting service provider's total turnover in the previous business year for systematically or persistently failing to remove terrorist content or disable access to it in all Member States within the set time. Article 21 has the State Police conduct administrative violation proceedings for the violations in Article 20.
When LexLint raises it
When your app profile says your app operates a social platform.