European Union: Council adopts Digital Services Act containing content monitoring and flagging mechanism requirements
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Description
Council adopts Digital Services Act containing content monitoring and flagging mechanism requirements
On 4 October 2022, the Council of the European Union gave final approval to the regulation on a Single Market For Digital Services (Digital Services Act). The adopted text states that all online platforms that provide hosting services, except for small and micro enterprises, have to set up a notification mechanism for users to report unlawful content. The online platforms that have more than 45 million monthly users in the EU will have to handle complaints within 15 days and provide a justification for removing or disabling access to specific content. Moreover, organisations with particular expertise can be nominated as "trusted flaggers" by the "Digital Services Coordinators" appointed by member states. The online platforms will have to prioritise the complaints brought by such trusted flaggers.
Original sourceScope
Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
supranational
Government Branch
legislature
Government Body
parliament
Complete timeline of this policy change
Hide details
2020-12-15
under deliberation
2021-11-25
under deliberation
2022-01-20
under deliberation
2022-04-23
under deliberation
2022-07-05
under deliberation
2022-10-04
adopted
2022-11-16
in grace period
Key regulatory dimensions
Regulated subjects
The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type
Private organisation
Economic activity
infrastructure provider: internet and telecom services,infrastructure provider: other
Category
All
2
Type
Private organisation
Economic activity
infrastructure provider: network hardware and equipment,infrastructure provider: other
Category
All
3
Type
Private organisation
Economic activity
infrastructure provider: cloud computing, storage and databases
Category
All
4
Type
Private organisation
Economic activity
infrastructure provider: cloud computing, storage and databases,infrastructure provider: internet and telecom services,infrastructure provider: network hardware and equipment,infrastructure provider: other
Category
All
5
Type
Private organisation
Economic activity
platform intermediary: e-commerce,platform intermediary: other,platform intermediary: user-generated content
Category
All
6
Type
Private organisation
Economic activity
platform intermediary: user-generated content,platform intermediary: other,platform intermediary: e-commerce
Category
All
Policy change by business practice
The detailed activities within the scope of this policy or regulatory change.
content: illegal speech: hosting (any form)
Regulatory tool
Takedown requirement
Regulator reporting requirement
User notification requirement
Regulator cooperation requirements
Redressal mechanism requirement
Designation of responsible employee
Local representation requirement
Sanctions
Regulated subjects
1 2 3
Regulatory tool
User or public algorithm description requirement
Sanctions
Regulated subjects
1 2 3 5
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
4 5
Regulatory tool
Content flagging mechanism requirement
Complaint mechanism requirement
User notification requirement
Redressal mechanism requirement
Private right of action
Sanctions
Regulated subjects
5 6
Regulatory tool
Content labelling requirement
User or public reporting requirement
User or public algorithm description requirement
Sanctions
Regulated subjects
5
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2 3 4 5 6
content: illegal speech: transmission
Regulatory tool
Takedown requirement
Regulator reporting requirement
User notification requirement
Regulator cooperation requirements
Redressal mechanism requirement
Designation of responsible employee
Local representation requirement
Sanctions
Regulated subjects
1 2 3
Regulatory tool
User or public algorithm description requirement
Sanctions
Regulated subjects
1 2 3 5
Regulatory tool
User or public reporting requirement
Sanctions
Regulated subjects
4 5
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2 3 4 5 6
data (any form): storage (any form)
Regulatory tool
Regulator reporting requirement
Designation of responsible employee
Local representation requirement
Sanctions
Regulated subjects
1 2 3
Regulatory tool
User or public algorithm description requirement
Sanctions
Regulated subjects
1 2 3 5
Regulatory tool
Sanctions
Fine
Regulated subjects
1 2 3 4 5 6
user content: any format: hosting (any form)
Regulatory tool
Content takedown prohibition
Sanctions
Regulated subjects
1 2 3 5
Regulatory tool
Complaint mechanism requirement
User notification requirement
Redressal mechanism requirement
Private right of action
Sanctions
Regulated subjects
5 6
Regulatory tool
User or public reporting requirement
User or public algorithm description requirement
Sanctions
Regulated subjects
5
Regulatory tool
User account suspension or termination limitations
Sanctions
Fine
Regulated subjects
1 2 3 4 5 6