Platforms have obligations to ensure a safe online environment for consumers.
Terms and conditions
When you use platforms like social media or shopping platforms, you usually agree to their terms and conditions. This has an impact on your human rights. For example, you may agree to the collection of your data, which limits your right to private life, or agree not to disseminate certain information that is considered illegal and that limits your freedom of expression. The platforms must inform you about the policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review, as well as the rules of procedure for their internal complaint handling system. You also have the right to know and be informed about any significant change to terms and conditions.
Illegal content
Platforms must have mechanisms in place to allow you to report illegal content. The platforms must investigate such reports and to take action, if needed.
According to EU law, illegal content includes:
- child sexual abuse material
- hate speech
- conduct of illegal activities, such as the sale of products or services prohibited by law
- disinformation
This ensures that harmful material can be flagged and removed, preventing further harm and protecting individuals as well as vulnerable groups. This protects rights such as the right to private life or right to not be discriminated.
While investigating reports, platforms may flag some content as illegal even though you believe it is not. For example, certain automatic moderation systems may identify content incorrectly. If the content you have shared is restricted, the platform should inform you about the restriction applied. This can be removal or disabling access to the content, termination of monetary payments, suspension of your account and other similar situations. This restricts your freedom of expression and, in certain cases, even the protection of property.
You should be informed about:
- the restrictions applied
- the facts and circumstances relied on
- if automation was used to take the decision
- legal grounds
- possibilities of redressing
If you have been affected by a decision like this, read about how to complain and how to evaluate restrictions of your rights in this Guide.
Very large online platforms and online search engines
The EU’s Digital Services Act differentiates very large subjects which also have additional obligations. Very large online platforms and search engines are those with over 45 million users in the EU. Because of their big user base, they have significant influence on the dissemination of information, they handle big amounts of data on their users and any incidents on these platforms may have an effect on millions of users, including their rights, like the right to private life or freedom of expression.
You can find a list of such subjects on the website of the European Commission. The Commission is responsible for their monitoring.
These very large platforms have additional obligations to identify possible risks, including violations of fundamental rights, and to act on controlling these risks. They must also have crisis protocols in place.