- Terms of Service (ToS) are a binding agreement between the user and the HSP, defining appropriate and permitted platform use.
- HSPs shall (1) set out their strategy to address the dissemination of terrorist content in their ToS and (2) prohibit the dissemination of terrorist content.
- Furthermore and going beyond the scope of the TCO Regulation, HSPs can and should consider prohibiting other forms of harmful content (e.g. extremist content, hate speech).
- ToS are a legal necessity under the TCO Regulation and can also build in useful protections for a platform.
- Several elements are required to make your ToS as robust as possible, including a definition of terrorist content and the disclosure of the HSP’s strategy to combat terrorist content on its platform.
Appropriate Terms of Service (ToS) are the basis for prohibiting and, consequently, handling terrorist content. The TCO regulation explicitly urges HSPs to set out ”their policy for addressing the dissemination of terrorist content, including, where appropriate, a meaningful explanation of the functioning of specific measures, including, where applicable, the use of automated tools” (TCO regulation, Art. 7.1).
Additionally and going beyond the scope of the TCO regulation, HSPs can and should consider prohibiting other forms of harmful content (e.g. extremist content, hate speech, advocacy of violence; see also DSA, Art. 35, Nr. 1c) as per ToS. In doing so, HSPs can contribute to the creation of a framework for a civil digital discourse culture.