Summary: Contents & Main Points of this Chapter

• The ability of HSPs to identify content as terrorist is fundamental to implementing the TCO Regulation and beyond.
• In many cases, the decisions to be taken are not easy, can be very contextual and sensitive, and fundamental rights such as freedom of expression must be carefully taken into consideration.
• When it comes to the TCO Regulation, HSPs do not have to assess the legality of content alerted by a competent authority. However, once a removal order has been issued, both HSPs and content providers (i.e. users) have the right to challenge it.
• It is advisable to set up a process that is followed when identifying terrorist content. Such a process will comprise multiple steps.
• Various practical considerations, such as the use of designation lists or symbol databases and methods for conducting the requisite balancing exercises, are involved in the assessment of content.
• Furthermore, review processes play a particularly important role in the special case of cross-border removal orders, where a HSP does not receive the removal order from the competent authority in which it has its main establishment or legal representative. Special procedures apply in such cases.

It is of fundamental importance that HSPs are able to assess whether content is illegal or terrorist in order to detect terrorist content proactively, as well as to legally challenge removal orders when HSPs believe they may have been made erroneously. Correctly identifying content as illegal and terrorist in nature is important in order to preserve otherwise legal and non-terrorist content online. Such decisions are often challenging, and it is always necessary to weigh the harm of content against the harm of breaching the fundamental right to freedom of expression.