Type something to search...
to navigateto selectESC to close

Illegal Content

Illegal content is information that violates EU or national law. This includes material that is inherently unlawful (such as child sexual abuse material or terrorist content) or that relates to illegal activities (such as selling counterfeit goods or infringing copyright). Online platforms and other digital services must take action to remove or restrict access to illegal content when they become aware of it.

Legal Basis

While the TTPA regulation (Regulation 2024/900) does not define illegal content, the Digital Services Act provides the authoritative definition:

"'illegal content' means any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law"

— Article 3(h), Regulation (EU) 2022/2065 (Digital Services Act)

Why It Matters

Illegal content can appear in political advertising and must be addressed by platforms, publishers, and sponsors under both the TTPA regulation and the Digital Services Act. Political advertisements containing illegal content—such as hate speech, defamatory statements, or incitement to violence—undermine democratic processes and can harm targeted individuals or groups.

Online platforms and search engines that publish or disseminate political advertising must provide easy reporting mechanisms for illegal content under the DSA. When illegal content appears in political advertising, the transparency obligations under the TTPA regulation do not override the requirement to remove or restrict access to that content promptly.

For political actors, sponsors, and providers of political advertising services, understanding what constitutes illegal content is essential for compliance. Publishing political advertising that contains illegal content can result in enforcement action under national law, civil liability, and in serious cases, criminal penalties. Platforms may also face significant fines for failing to act on illegal content once they have knowledge of it.

Key Points

  • Illegal content includes both information that is inherently unlawful and information relating to illegal activities or products
  • The illegality can stem from EU law or from national law that complies with EU law
  • Examples include hate speech, terrorist content, child sexual abuse material, copyright infringement, and sale of counterfeit or non-compliant products
  • Political advertising containing illegal content must be removed or restricted regardless of its political nature or transparency labeling
  • Online platforms must provide notice-and-action mechanisms allowing users to report illegal content, including in political advertisements
  • Recording or sharing content that depicts illegal activity (such as eyewitness video of a crime) is not automatically illegal content unless the recording or sharing itself violates the law

Illegal Content vs. Harmful Content

Illegal content violates specific laws and must be removed or restricted by platforms when they become aware of it. Harmful content, by contrast, may be lawful but still pose risks to society, democracy, or individual well-being—such as disinformation, manipulative political advertising, or content that exploits psychological vulnerabilities.

While platforms have a legal obligation to act against illegal content, their handling of harmful but lawful content is governed by different rules. Under the DSA, very large online platforms must assess and mitigate systemic risks from harmful content, including risks to electoral processes and civic discourse, but are not required to remove such content unless it violates their terms of service.

In the context of political advertising, this distinction is crucial: a misleading political advertisement may be harmful to democratic debate but not illegal, while a political advertisement containing hate speech or defamation would be both harmful and illegal.

Related Terms

Illegal content: Core Facts

Status
Active Definition
Verified
2026-03-07

Related

Very transparent. Every political ad will be labelled, linked to a transparency notice with detailed information, and online ads will be searchable in a central European repository.
The Network coordinates election-related cooperation between member states. National contact points for TTPA enforcement should be members of this network where possible.
Election campaigns will need to ensure all paid advertising includes proper labels and transparency notices. Sponsors must be prepared to provide required information to all service providers.
Several major platforms currently do not allow paid political advertising, including some large social networks. This limits where political actors can place paid online advertisements.
The TTPA applies from 10 October 2025. Member States had until 10 April 2025 to designate competent authorities, and the Commission must provide label templates by 10 July 2025.
Publishers must ensure completeness and accuracy of certain information but are not required to verify all sponsor claims. They must correct manifestly erroneous information when they become aware of it.
Yes. When a hosting provider and a website both display an ad, both are considered publishers with responsibility for their specific services. Contracts should clarify how they share compliance duties.
If a publisher removes or disables access to a political ad due to illegality or terms violations, they must still provide access to the transparency information for the full seven-year retention period.