Act No. 67 / 2023 Coll.
Law on certain measures against the spread of terrorist content online
Valid
Effective from 30.03.2023
67
THE LAW
of 15 February 2023
on certain measures against the spread of terrorist content online
Parliament has decided on this law of the Czech Republic:
Subject matter
This law, following the directly applicable European Union1) to protect against the misuse of hosting services for the public dissemination of terrorist content online, regulates the competence of administrative authorities in this sector, the jurisdiction of courts, the rights and obligations to remove terrorist content online and related offences.
Removal order
(1) If the department of the Police of the Czech Republic, which is responsible for combating terrorism (hereinafter referred to as the "police") finds that hosting services are being misused for the public dissemination of terrorist content online, it may order, in accordance with Article 3 of Regulation (EU) 2021 / 784 of the European Parliament and of the Council (hereinafter referred to as the "Regulation"), the removal of terrorist content or the exclusion of access to it, by means of the form set out in Annex I to the Regulation. In assessing whether there is a public spread of terrorist content online, the police will take particular account of the actual purpose of the content dissemination.
(2) The issuing of an order to remove or prohibit access to terrorist content (the "removal order ') is the first act in the proceedings. The removal order shall be notified only to the hosting service provider and may be delivered in the manner specified in Section 7 (2).
(3) The appeal against the removal order has no suspensory effect.
(4) The police shall establish a contact point pursuant to Article 12 (2) of the Regulation to carry out the tasks referred to in Article 3 (6) to (8) of the Regulation and publish the telephone number for the public communications network and the e-mail address and, where appropriate, other contact details of the contact point in a way that allows continuous remote access.
Delay of information on the removal of terrorist content
(1) The period during which the content provider is not informed of the removal of or access to terrorist content may be extended by the police pursuant to Article 11 (3) of the Regulation.
(2) Paragraph 2 (2) and (3) shall apply mutatis mutandis to the procedure referred to in paragraph 1.
(3) Such information cannot be disclosed or made available to third parties, either during the period during which information to the provider of the content is postponed on the removal of or access to terrorist content.
Cross-border removal order
(1) The Ministry of the Interior (hereinafter referred to as the Ministry), pursuant to Article 4 of the Regulation, decides whether the removal order transmitted to the Ministry pursuant to Article 4 (1) of the Regulation infringes the regulation or the Charter of Fundamental Rights of the European Union.
(2) The decision referred to in Article 4 (3) of the Regulation shall be the first act in the proceedings. Paragraph 36 (3) of the Administrative Regulation shall not apply to decisions pursuant to Article 4 (4) of the Regulation. No degradation may be brought against decisions under the first and second sentences.
Supervision of the implementation of specific measures
(1) The Czech Telecommunications Authority (hereinafter "the Office") shall supervise the implementation of the specific measures referred to in Article 5 of the Regulation. In the context of the exercise of supervision, the Office may carry out checks under the control rules.
(2) The issuing of a decision by the Office may constitute the first act in the proceedings.
(3) The Office, at the request of the hosting service provider or on its own initiative, decides that the hosting service provider is no longer exposed to terrorist content pursuant to Article 5 (4) of the Regulation. The decision referred to in the first sentence may be the first act of the administrative authority in the proceedings.
(4) Where this is necessary to ensure the reliable fulfilment of the obligations of the hosting service provider under the Regulation, the Office may order that provider to use the dedicated electronic system managed by Europol (Europol), if established, to communicate in accordance with Article 7 (1). The first sentence of the decision is the first step in the proceedings.
(5) The decision referred to in paragraphs 2 to 4 may be served in the manner set out in Article 7 (2).
(6) Decomposition against decisions under paragraphs 2 and 4 shall not have suspensory effect.
Exchange of information and cooperation between competent authorities
The authorities responsible under this law shall cooperate with each other in the performance of their tasks and shall transmit to each other, including without request, information, including personal data, necessary for the performance of tasks within their competence under this law and under the Regulation. Similarly, the police, the Ministry and the Office shall cooperate and exchange information, including personal data necessary for the performance of tasks under the Regulation, with the competent authorities of other Member States of the European Union or of States Parties to the European Economic Area and Europol, including through the Europol system, if established.
Communication of competent authorities with hosting service providers
(1) The police may use the Europol system to communicate with hosting service providers when established.
(2) If Europol is not used, other electronic means or contact details shall be used, as specified by the hosting service provider for communication with its contact point.
(3) Where the hosting service provider makes use of the Europol system, the Ministry and the Office shall deliver through that system.
Provision of information on the measures taken
(1) The police, Ministry and hosting service providers shall transmit to the Office the information referred to in Article 21 of the Regulation. The Office shall forward this information to the European Commission.
(2) The police, the Ministry and the Office shall publish the annual reports referred to in Article 8 of the Regulation.
Temporary retention of terrorist content
(1) Where the court decides to bring an action against an order for removal or a decision on the obligation to take specific measures which have led to the removal of or the prohibition of access to terrorist content, it may, pursuant to Article 6 (2) of the Regulation, extend the period of retention of terrorist content and related data.
(2) Where the Office is conducting a procedure for a special measure which has led to the removal of, or to the exclusion of, terrorist content, it may, pursuant to Article 6 (2) of the Regulation, extend the period of retention of terrorist content and related data.
Enforcement by imposing coercive fines
The amount of the individual coercive fine which the Office may impose on the hosting service provider to recover the obligation imposed by it shall not exceed CZK 100,000.
Transfers
(1) The hosting service provider commits an infringement by:
(a) does not remove terrorist content or make access to terrorist content impossible in accordance with Article 3 (3) or Article 4 (2) of the Regulation;
(b) shall not inform the competent authority referred to in Article 3 (6) of the Regulation without undue delay;
(c) do not restore or re-allow access to the content referred to in Article 4 (7) of the Regulation;
(d) it does not introduce or apply provisions relating to the misuse of its services for the public dissemination of terrorist content pursuant to Article 5 (1) of the Regulation when exposed to terrorist content;
(e) it shall not take or apply specific measures to protect its services against the public dissemination of terrorist content pursuant to Article 5 (2), (3) or (6) of the Regulation, where it is subject to terrorist content;
(f) shall not notify the Office of the specific measures it has taken or intends to take pursuant to Article 5 (5) of the Regulation, if it is exposed to terrorist content;
(g) does not retain the terrorist content and associated data or use the appropriate technical and organisational guarantees referred to in Article 6 of the Regulation;
(h) not publish a transparency report or define its policy to combat the proliferation of terrorist content pursuant to Article 7 of the Regulation;
(i) not establish or implement a complaint mechanism pursuant to Article 10 of the Regulation;
(j) does not provide the provider of the content with information on the removal of or the prohibition of access to terrorist content pursuant to Article 11 (1) of the Regulation, although the information has not been postponed pursuant to Article 3;
(k) does not provide information or a copy of the removal order to the content provider in accordance with Article 11 (2) of the Regulation, although the information has not been postponed pursuant to Article 3;
(l) provide, make available or publish the information referred to in Article 11 (1) or (2) of the Regulation at the time the information has been postponed pursuant to Article 3;
(m) if it becomes aware of a terrorist content that is imminent to life, it shall not immediately notify the authorities responsible for investigating and prosecuting the offences in the Member States concerned, it shall not notify the contact point whose contact details are published in accordance with Article 2 (4) or it shall not transmit information on the terrorist content of Europol pursuant to Article 14 (5) of the Regulation;
(n) does not designate or establish a contact point for receiving removal orders by electronic means and for processing them rapidly or make the contact point information publicly available pursuant to Article 15 (1) of the Regulation; or
(o) in the absence of a principal establishment within the territory of the European Union,
1. Not designate a legal representative in writing pursuant to Article 17 (1) of the Regulation,
2. does not provide its legal representative with the necessary powers and resources to carry out the removal and decision orders and to cooperate with the competent authorities referred to in Article 17 (2) of the Regulation; or
3. the designation of a legal representative residing or established in the Czech Republic shall not be published or notified to the Office pursuant to Article 17 (4) of the Regulation.
(2) A legal representative designated pursuant to Article 17 of the Regulation shall commit an offence by failing to provide appropriate synergies for the purposes of receiving, complying with and enforcing removal orders and decisions issued under this Regulation, thereby violating one of the obligations referred to in paragraph 1 (a) to (n).
(3) A fine of up to CZK 200,000 may be imposed for an offence referred to in paragraph 1 or 2.
(4) Where a hosting service provider is in breach of the obligations under Article 3 (3) of the Regulation by continuous or continuing negotiations, it shall be fined up to 4% of the global turnover of the hosting service provider in the preceding marketing year; If this amount is less than CZK 500,000, the fine will be imposed up to CZK 500,000.
He or she shall negotiate transfers under this law and shall collect and enforce fines.
Efficacy
This Act shall take effect on the 15th day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
1) Regulation (EU) 2021 / 784 of the European Parliament and of the Council of 29 April 2021 on combating the spread of terrorist content online.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 67 / 2023 Coll., on certain measures against the spread of terrorist content online |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.2023 |
|---|---|
| Effective from | 30.03.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 285
Public Contracts 2
Dodatek č. 2 ke Smlouvě o nájmu prostor sloužících podnikání
Česká pošta, s.p.
Statutární město České Budějovice
43 560 CZK
10.11.2025
Vybudování samoobslužného portálu ČTÚ a zajištění jeho podpory, údržby a rozvoje po dobu 48 měsíců
Český telekomunikační úřad
KAKTUS Software, spol. s r.o.
32 610 347 CZK
09.01.2024
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0