Digital Services Act Deep Dive: Notice, Action, and Reporting
What is discussed in the webinar?
The webinar covered various aspects related to the DSA including its background and scope, and what the DSA says about notice & action, and trusted flaggers. The discussion provides insights into these obligations and the preparations online platforms can make.
Notice & Action
Any person or entity needs to be able to report content on hosting services/online platforms which they consider to be illegal. Reports from designated Trusted Flaggers (art. 19) need to be prioritised by online platforms.
The Notice & Action form should allow:
- An expression of why the content is illegal
- The URL to be submitted where the content is hosted
- Free text to help further identify the content (where required)
- Capture of name and email address of the person or entity reporting the content, and validate that email before allowing submission of the report (except where the report concerns CSAM or child abuse)
- An expression that the report is being submitted is accurate and complete, and the submitter believes that the content is illegal
The report handling system should send a confirmation email that the complaint has been received and notify the submitter when the case has been reviewed, the decision, how that decision was reached (human, automated) and how to challenge that decision (report form response should be a version of the appeal form).
The report form should prevent submissions by users who provide “manifestly unfounded” submissions.
- The absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a given time frame;
- The relative proportion thereof in relation to the total number of items of information provided or notices submitted within a given time frame;
- The gravity of the misuses, including the nature of illegal content, and of its consequences;
- Where it is possible to identify it, the intention of the recipient of the service, the individual, the entity or the complainant.
Trusted Flaggers in Digital Services Act
Trusted flaggers are individuals or entities designated by the Digital Service Controller in each member state to identify and report illegal content on online platforms. These trusted flaggers are expected to possess expertise and competence in specific areas of illegal content, such as hate speech, extremist content, or other forms of harmful material.
For platforms, reports from trusted flaggers have to be prioritised within the Notice & Action reports. If reports from trusted flaggers are inaccurate or imprecise, unsubstantiated complaints can be reported to the Digital Services Coordinator. In order to do this, there needs to be adequate grounds and evidence. This requires an audit trail, data analytics and likely intelligent alerts to alert you to potential trusted flaggers.
Watch the recording to discover more about the Digital Services Act, Notice, Action and Reporting
You can sign up for upcoming DSA webinars here