As expected the Regulation on addressing the dissemination of terrorist content online was approved yesterday which concludes the last step of the EU legislative process before the measures it contains come into effect. See my post here for a summary of the key points to note. The Regulation will enter into force on the twentieth day following publication in the Official Journal and will start applying twelve months after its entry into force.

While it is universally agreed that fighting terrorism is an important objective, the Regulation has been fiercely contested by many human and digital rights group such as EDRI who suggest the one hour removal orders will result in foreign governments requesting the removal of legitimate content because it criticisms their government. 

Nevertheless, platforms must now consider how they intend to comply with the onerous one hour removal requirement as well as considering the specific measures they will take to address the misuse of its services for the dissemination to the public of terrorist content and prepare to comply with the transparency obligations.  

It will be interesting to note whether the postponed AG Opinion in the Polish Article 17 Copyright Directive challenge (Case C-401/19) has any implications for this Regulation in light of the de facto pressure for upload filters and platforms' ability to use filters voluntarily which may be deemed unconstitutional by the AG.