Countering the dissemination of online terrorist content

• Agile mechanisms set up to counter the dissemination of terrorist content

• Criminal Police between content suppression or blocking

• Countering terrorism is a Government priority

Decree-Law 25/2026 published to transpose EU Regulation 2021/784

The Decree-Law now published in the Government Gazette was enacted by the President of the Republic on 14 January 2026 and is the outcome of the bill approved by the Council of Ministers in the area of Justice on 11 December 2025.

The transposition of EU Regulation 2021/784 into the Portuguese legal framework sets up more agile mechanisms to counter the dissemination of terrorist content on the internet.

The Criminal Police (PJ) takes on the forefront: it issues terrorist content suppression or blocking decisions that the web host providers (such as online platforms) must enforce within one hour. PJ also acts as the national Point of Contact and enforces cross border decisions from other EU Member States.

PJ immediately notifies the Public Prosecution Office at the Central Investigation and Criminal Action Department (DCIAP), which validates the decision within a maximum timeframe of 48 hours with a judge.

The Portuguese Communications Authority (ANACOM) oversees compliance with the measures by the providers, including duties pertaining to transparency, data retention, complaint mechanisms, and the appointment of legal representatives for platforms outside the European Union. It is incumbent on ANACOM to enforce the sanction scheme below:

- For serious offences, the fines for private individuals are anywhere between €3 000 and €8 000, and if the offence was carried out by a major corporation, the fine can reach €1 000 500;

- For very serious offences, the fines for private individuals can be up to €20 500, and if the offence was carried out by a major corporation, the fine can reach €5 000 500 or 4% of the company turnover if recurrent non-suppression of internet publications.

The appeals are assessed by the Court of Appeal (with non-suspensive effects) for court rulings and the competition court for ANACOM penalties.

The Minister of Justice Rita Alarcão Júdice stressed that "this ensures the equilibrium of the Single Digital Market against radicalisation and freedom of expression". Rita Alarcão Júdice further adds that "this Decree-Law is yet another step in countering terrorism, one of the Government’s top priorities and invests in fostering media literacy and countering disinformation".

According to the Government, digital service providers must take on added accountability in promoting a safe, secure, and democratic virtual environment.