Identification processes comprise a defined series of steps the company or platform takes to determine whether content violates the TCO Regulation or elements of a platform’s ToS. These steps should guide a methodical assessment and enable a reasoned conclusion on the illegality of content.
Such balancing decisions are highly necessary to (a) take proactive measures against terrorist and/or otherwise harmful content and (b) challenge contentious cases of removal orders issued by the competent authority on the basis of the TCO Regulation (more information on the the process of legal remedy will follow in this chapter in subchapter 4).
Proactive measures against terrorist and other harmful content are recommended for various reasons.
- By implementing such measures HSPs demonstrate reliability and goodwill towards political decision-makers, competent authorities, and other relevant stakeholders.
- Proactive measures build trust with stakeholders because they positively de-limit the legal liability or reputational damage that might be incurred by terrorist exploitation of the platform.
- Insufficient or inadequate action against terrorist, extremist or otherwise harmful content may result in the platform attracting users who intend to distribute exactly such content. The consequence of this would be an increased prevalence of prohibited content that, in turn, requires greater investments of time, effort and financial resources on the part of HSPs to defeat it