DSA: reporting illegal content to a platform (EU)
In the European Union, any service that hosts content (social network, forum, sharing site…) must let you report illegal content online, examine your notice carefully and tell you its decision. It works for any content that breaks the law: intimate images, fake profiles, defamation, personal data…
Who it is for
Anyone, even if not directly targeted, who finds content on a service used in the EU that breaks EU law or the law of an EU country. The service is covered even if the company is based outside the EU, as long as it is offered to users in the EU.
Time frame
The DSA sets no fixed deadline: the platform must handle your notice in a timely, diligent, non-arbitrary and objective manner and tell you its decision without undue delay. An out-of-court dispute settlement body must decide within 90 days at most (180 days for very complex disputes).
Cost
Free. The internal complaint is free; the out-of-court body is free or costs a nominal fee for you, and if it rules in your favour the platform pays its fees.
Legal basis
Regulation (EU) 2022/2065, the Digital Services Act (DSA): Article 16 (notice and action mechanisms), Article 17 (statement of reasons), Article 20 (internal complaint handling), Article 21 (out-of-court dispute settlement), Article 53 (complaint to the Digital Services Coordinator). Applicable to all intermediary services since 17 February 2024.
The steps
- Copy the exact address (URL) of each piece of content and take dated screenshots.
- Use the platform’s reporting form (“Report”, “Illegal content”…): the DSA requires that notices can be sent online, easily.
- Fill in the 4 elements set out in Article 16: why the content is illegal (citing the relevant law if you can), the exact URL, your name and email address, and a good-faith statement. For child sexual abuse content, you can report without giving your name or email.
- Keep the acknowledgement of receipt: if you gave an email address, the platform must send it without undue delay, then tell you its decision and the ways to challenge it.
- If an online platform refuses or does nothing, use its internal complaint system (free, open for at least 6 months after the decision), then, if needed, a certified out-of-court dispute settlement body.
- If the platform does not meet its obligations, you can complain to the Digital Services Coordinator of your country (Arcom in France, CNMC in Spain).
What to prepare
- The exact address (URL) of each piece of content, not just the account name
- A clear explanation of why it is illegal (intimate image shared without consent, impersonation, defamation…)
- Your name and email address
- Dated screenshots
- A good-faith sentence, for example: “I declare in good faith that the information and allegations in this notice are accurate and complete.”
Official links
- European Commission – find your country’s Digital Services Coordinator
- European Commission – list of certified out-of-court dispute settlement bodies
- Service-Public.fr – reporting illegal online content (France, in French)
The limits you should know
- The DSA requires your notice to be examined seriously, not automatic removal: the platform may refuse and explain why.
- It applies to services offered to users in the EU; a site with no link to the EU may ignore it.
- The out-of-court body cannot impose its decision on the platform.
- Reporting content you know to be legal as illegal can be punished (in France: up to 1 year in prison and a €15,000 fine).
- Removal from one platform does not delete copies posted elsewhere.
If it doesn’t work
An official form can go unanswered or be wrongly refused. That’s not the end: there are other doors, heavier but effective — the company hosting the site, the company managing its domain name, the laws of your country, the data protection authority. That’s exactly what we do for you, with your agreement.
- Reporting to the platform
- A written request to the site owner
- The domain name registrar
- The hosting company
- Search engines
- The authority or the courts
This information helps you use your rights. It doesn’t replace advice from a lawyer.