On 8 April 2026, the Committee of Ministers of the Council of Europe adopted a recommendation on online safety and the empowerment of users and content creators. The recommendation calls on Member States to adopt legal frameworks, based on available evidence, addressing content rules, intermediary liability, platform accountability, and user empowerment. It states that content restrictions should be prescribed by law and meet the requirements of necessity, proportionality, and foreseeability. Measures such as blocking or banning entire online services should be ordered only by a judicial or independent public authority and be subject to judicial review. Member States are advised not to impose disproportionate liability on internet intermediaries for user-generated content. The recommendation further indicates that platforms should incorporate user safety by design and by default, carry out risk assessments related to design and operational decisions, and publish documentation on impacts on human rights and democratic processes. Platforms with significant influence are expected to consult relevant stakeholders when conducting such assessments. In addition, Member States are encouraged to establish user empowerment measures, including options to personalise online experiences, opt out of certain recommendation systems, contest content moderation decisions, and access information on how algorithmic systems organise, curate, and moderate content. The recommendation also refers to the use of age assurance mechanisms to address access by children to legally restricted content. Finally, it provides that independent regulatory authorities should oversee platform accountability frameworks, with their decisions subject to judicial review.
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