The EU Digital Services Act (DSA) regulates online intermediaries and platforms such as marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation platforms. Its main goal is to prevent illegal and harmful activities online and the spread of disinformation. It ensures user safety, protects fundamental rights, and creates a fair and open online platform environment.
More about the Digital Services Act
Article 16 of DSA - requires online platforms to have ‘notice-and-action’ mechanisms where platforms can be notified of illegal content
If disinformation was reported and nothing happened - Reference Article 20 of the DSA’s ‘internal complaint procedure’ as it holds that the decision not to act is also a choice of content moderation and can be challenged.
If STILL nothing happens after Article 20 reference, follow up with Article 21 of the DSA, the ‘out-of-court-dispute settlement’ mechanism. Independent and certified Digital Service Coordinators in your Member State can settle disputes between yourself and the platform without needing to go through court bodies. *Solutions are not binding, however if users win, their legal fees are covered by the platform, if platforms win, users pay nothing.
Article 86 of the DSA allows for you to acquire representation for the pursuit of Articles 20 and 21
Any issues with Terms and Conditions (T&Cs) of a Platform, reference Article 14 of DSA. Under Article 14, T&C must include
Information about the ‘policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review, as well as the rules of procedure of their internal complaint handling system’ that must be publicly available, machine readable, and written in plain language
Notification to users about significant changes in T&C
For services directed at minors, T&Cs must be written in a way minors would understand
shall act in a diligent, objective and proportionate manner in applying and enforcing the restrictions
Summaries of T&Cs should be available and include available remedies and redress mechanisms
T&Cs must be published in the official language of all Member States the offer their services