Coimisiún na Meán opens review of online platforms’ compliance with EU Digital Services Act

Coimisiún na Meán is concerned that people are having difficulty reporting illegal content to online platforms. Under the Digital Services Act, online platforms are required to act on reports of illegal content in line with the law. This concern comes following an initial review, alongside information gathered from An Coimisiún’s Contact Centre and complaints passed on by other European regulators. An Coimisiún is now initiating a formal review of online platforms’ systems, to ensure that the platforms are complying with their obligations under the EU Digital Services Act (DSA).

Under the DSA, online platforms must have easy to access and user-friendly ways for users to report illegal content (Article 16 of the DSA). They must also have a clear and accessible point of contact for users to contact them (Article 12). 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, An 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. An 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.

John Evans, Digital Services Commissioner at Coimisiún na Meán, said “The DSA is a landmark law aimed at creating a safer and fairer online environment for users. However, its effectiveness for Irish and EU citizens hinges on the full implementation of its provisions by platforms. Of the complaints we have from people in Ireland and across Europe about online platforms, one in three are about problems when reporting illegal content online. We are intervening now to ensure that platforms follow the rules so that people can effectively exercise their rights under the DSA.’’

Niamh Hodnett, Online Safety Commissioner at Coimisiún na Meán, said “We are committed to using the full range of powers available under our Online Safety Framework to hold platforms to account for keeping people safe online. Through the DSA, our upcoming Online Safety Code and the EU Terrorist Content Online Regulation, we are working towards a digital landscape where adults and children can go online without fear of being harmed by the content or behaviour they come across. When people see illegal content, they should report it to the platform where they saw it and if they aren’t satisfied with the platform’s response, or if they can’t find an easy way to report the content, they should get in touch with us.”

The platforms being contacted at this point are:

• Supporting Q&A document – requests for information