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Ireland’s Media Regulator Reviews Major Platforms’ Reporting of Illegal Content under EU Digital Services Act

Content Reporting Tools and Points of Contact: Ensuring User-Friendly Systems for Reporting Illegal Content

Platforms such as Dropbox, Etsy, LinkedIn, Meta (Facebook and Instagram), Pinterest, Shein, Temu, TikTok, Tumblr, YouTube, and X have come under scrutiny as Ireland’s media regulator reviews how major platforms enable users to report illegal content. The review comes in response to a high number of complaints related to difficulties in reporting illegal content online.

The European Union’s Digital Services Act (DSA) mandates that platforms have easy-to-access and user-friendly systems for reporting problems (Article 16) and provide a clear and accessible point of contact for users (Article 12). Failure to comply with these rules can result in penalties of up to 6% of global annual turnover, making it crucial for Big Tech firms to prioritize effective content reporting tools.

Some platforms have already faced issues in these areas. X, for instance, has been under investigation by the European Commission since December for non-compliance with Article 16 of the DSA. Meta is also currently under investigation by the EU regarding illegal content reporting. Notably, X recently lost a lawsuit brought by a Dutch citizen, which included a complaint about the platform breaching Article 12 of the DSA.

The review conducted by the Irish media regulator carries significance as it could lead to wider enforcement actions against platforms like X if rule violations are confirmed. The review evaluates the compliance of the named platforms with Article 12 and Article 16 of the DSA. However, the European Commission has already initiated DSA investigations/reviews for Meta, Shein, and X, so the Irish regulator will focus on the other platforms for compliance with Article 16.

While the review is still in the information-gathering phase, its scope and involvement of major services make it a significant development. It marks the first wide-ranging DSA action undertaken by the Irish regulator. The outcome of the review could result in formal enforcement action and investigation against non-compliant platforms.

Once the information gathering phase is complete, the Irish media watchdog will engage with the platforms to ensure their reporting mechanisms and point of contacts align with the DSA requirements. If platforms fail to address identified shortcomings, the regulator can issue a compliance notice directing them to make improvements. Failure to comply can lead to a formal investigation and sanctions, including fines.

Niamh Hodnett, the online safety commissioner at the Irish media regulator, emphasizes the commitment to hold platforms accountable for keeping people safe online. Through the DSA, the upcoming Online Safety Code, and the EU Terrorist Content Online Regulation, they aim to create a digital landscape where individuals can navigate without fear of harm from content or behavior. Users are encouraged to report illegal content to the platform where they encountered it. If they are unsatisfied with the platform’s response or cannot find an easy reporting method, they are urged to reach out to the regulator.

In conclusion, the Irish media regulator’s review of content reporting tools and points of contact is a significant step toward ensuring user safety and enforcing compliance with the DSA. By evaluating major platforms’ systems, the regulator aims to identify shortcomings and drive improvements that facilitate reporting of illegal content. This review highlights the importance of user-friendly reporting mechanisms and clear points of contact, emphasizing the need for platforms to prioritize user safety.