EU Digital Services Act: Ireland Reviews Tech Platforms' Illegal Content Reporting

Ireland's media regulator, Coimisiún na Meán (CNM), is reviewing how major tech platforms are handling illegal content reporting, following a surge in complaints regarding their compliance with the EU's Digital Services Act (DSA). The CNM has received a significant number of complaints, with one-third specifically addressing difficulties in reporting illegal content online.

DSA Compliance Review: Scope and Platforms

The review encompasses a wide range of popular online platforms, including:

• Dropbox
• Etsy
• LinkedIn
• Meta (Facebook and Instagram)
• Pinterest
• Shein
• Temu
• TikTok
• Tumblr
• YouTube
• X (formerly Twitter)
• Hostelworld

The CNM's review will primarily focus on the compliance of these platforms with two key articles of the DSA:

• Article 12: This article mandates that platforms must have clear and accessible points of contact for users to raise issues.
• Article 16: This article requires platforms to have user-friendly and easily accessible systems for reporting problems.

EU's DSA: Background and Significance

The DSA is a landmark regulation designed to reshape the online landscape in the EU. It aims to establish a robust framework for governing digital services and platforms. The act mandates that platforms must have effective mechanisms in place to enforce their own rules and respond to reports of illegal content, such as terrorism and child sexual abuse material (CSAM).

Breaches of the DSA can result in significant penalties, reaching up to 6% of a company's global annual turnover. This underscores the importance of compliance for tech giants operating within the EU.

DSA Enforcement: Potential Consequences for Non-Compliance

The CNM's review is a significant step towards ensuring that tech platforms are fulfilling their obligations under the EU's DSA. The regulator has the authority to take enforcement action against non-compliant platforms, which could include:

• Issuing compliance notices directing platforms to address shortcomings.
• Opening formal investigations into potential violations.
• Imposing financial sanctions, including fines.

EU Digital Services Act: Previous Actions and Investigations

The CNM's review is not the first enforcement action under the DSA. The European Commission has already initiated investigations into several platforms, including:

• X: The European Commission is investigating X's compliance with Article 16 of the DSA, regarding its reporting systems.
• Meta (Facebook and Instagram): The EU is investigating Meta for potential violations regarding illegal content reporting, citing concerns about addictive design elements.

EU Digital Services Act: Importance of Content Moderation and Online Safety

The CNM's review highlights the critical role of content moderation and online safety in the digital age. The DSA aims to create a safer online environment by ensuring that platforms take proactive measures to address illegal content and provide users with effective reporting mechanisms.

The CNM emphasizes its commitment to using its full range of powers to hold platforms accountable for protecting users online. The regulator aims to create a digital landscape where individuals can participate online without fear of harm from harmful content or behaviour.

EU Digital Services Act: Ireland's Role in Enforcement

Ireland plays a central role in enforcing the DSA, as several major tech platforms have chosen to establish their EU headquarters in the country. This has given the CNM significant influence over the compliance of these platforms with the regulations. The CNM's review and potential enforcement actions will closely be watched by the tech industry, highlighting the importance of the DSA in shaping the digital landscape.