Coimisiún na Meán is taking action to make sure that platforms deal effectively with reports of illegal content online under the EU’s Digital Services Act. It says that one in three digital services complaints made to Coimisiún na Meán relate to difficulties reporting illegal content online. Its initial information-gathering phase is first step towards compliance and possible formal enforcement action and investigation.
Coimisiún na Meán is concerned that people are having difficulty reporting illegal content to online platforms. This concern comes following an initial review, alongside information gathered from the Coimisiún’s contact centre, and complaints passed on by other European regulators. The Coimisiún is now initiating a formal review of online platforms’ systems, to ensure that the platforms are complying with their obligations under the DSA.
Under Article 16 of the DSA, online platforms must have easy to access and user-friendly ways for users to report illegal content. Under Article 12, they must also have a clear and accessible point of contact for users to contact them. Coimisiún na Meán is responsible for making sure that all platforms with their EU headquarters in Ireland follow these rules, while working closely with the European Commission and other online safety regulators across Europe.
Coimisiún na Meán has now issued formal requests for information to a range of platforms for further comprehensive detail on their approach to reporting options for illegal content and points of contact for users. Once the information gathering phase is complete, Coimisiún na Meán will engage with the platforms to ensure that their reporting mechanisms and point of contacts comply with the requirements of the DSA. Where concerns remain, Coimisiún na Meán can issue a compliance notice directing platforms to address any shortcomings identified in their systems and processes. If this does not lead to changes and improvements, the Coimisiún can open a formal investigation. If the investigation leads to a finding of non-compliance, Coimisiún na Meán can impose sanctions, such as a fine. The Coimisiún can also enter into a binding commitment agreement with a platform, in which the platform gives undertakings to bring its behaviour into line with the law.
The review by the Coimisiún comes after the announcement of the policy guidelines for the next European Commission, including an increasing focus on enforcement of the Digital Services Act and the Digital Markets Act to ensure manipulated and misleading information is detected and removed where appropriate. Further details of the policy guidelines can be seen here.
