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Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (Text with EEA relevance) article 3 CELEX: 32021R0784 Removal orders
1. The competent authority of each Member State shall have the power to issue a removal order requiring hosting service providers to remove terrorist content or to disable access to terrorist content in all Member States. 2. Where a competent authority has not previously issued a removal order to a hosting service provider, it shall provide that hosting service provider with information on the applicable procedures and deadlines, at least 12 hours before issuing the removal order. The first subparagraph shall not apply in duly justified cases of emergency. 3. Hosting service providers shall remove terrorist content or disable access to terrorist content in all Member States as soon as possible and in any event within one hour of receipt of the removal order. |
Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (Text with EEA relevance) article 3 CELEX: 32021R0784 4. Competent authorities shall issue removal orders using the template set out in Annex I. Removal orders shall contain the following elements: (a) identification details of the competent authority issuing the removal order and authentication of the removal order by that competent authority; (b) a sufficiently detailed statement of reasons explaining why the content is considered to be terrorist content, and a reference to the relevant type of material referred to in point (7) of Article 2; (c) an exact uniform resource locator (URL) and, where necessary, additional information for the identification of the terrorist content; (d) a reference to this Regulation as the legal basis for the removal order; (e) the date, time stamp and electronic signature of the competent authority issuing the removal order; (f) easily understandable information about the redress available to the hosting service provider and to the content provider, including information about redress to the competent authority, recourse to a court, as well as the deadlines for appeal; (g) where necessary and proportionate, the decision not to disclose information about the removal of or disabling of access to terrorist content in accordance with Article 11(3). |
Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (Text with EEA relevance) article 3 CELEX: 32021R0784 5. The competent authority shall address the removal order to the main establishment of the hosting service provider or to its legal representative designated in accordance with Article 17. That competent authority shall transmit the removal order to the contact point referred to in Article 15(1) by electronic means capable of producing a written record under conditions that allow to establish the authentication of the sender, including the accuracy of the date and the time of sending and receipt of the order. 6. The hosting service provider shall, without undue delay, inform the competent authority, using the template set out in Annex II, of the removal of the terrorist content or the disabling of access to the terrorist content in all Member States, indicating, in particular, the time of that removal or disabling. |
Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (Text with EEA relevance) article 3 CELEX: 32021R0784 7. If the hosting service provider cannot comply with the removal order on grounds of force majeure or de facto impossibility not attributable to the hosting service provider, including for objectively justifiable technical or operational reasons, it shall, without undue delay, inform the competent authority that issued the removal order of those grounds, using the template set out in Annex III. The deadline set out in paragraph 3 shall start to run as soon as the grounds referred to in the first subparagraph of this paragraph have ceased to exist. 8. If the hosting service provider cannot comply with the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the competent authority that issued the removal order and request the necessary clarification, using the template set out in Annex III. The deadline set out in paragraph 3 shall start to run as soon as the hosting service provider has received the necessary clarification. |
Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (Text with EEA relevance) article 3 CELEX: 32021R0784 9. A removal order shall become final upon the expiry of the deadline for appeal where no appeal has been lodged in accordance with national law or upon confirmation following an appeal. When the removal order becomes final, the competent authority that issued the removal order shall inform the competent authority referred to in point (c) of Article 12(1) of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established of that fact. |