Category: Digital Services

Coimisiún na Meán, has today 08.10.2024 published details of the certification of Appeals Centre Europe (ACE) as an Out-of-Court Dispute Settlement (ODS) Body. Under the Digital Services Act (DSA), bodies which are established in Ireland may apply to us for certification as an ODS Body.

An ODS body can help online users resolve disputes relating to decisions of online platforms, including complaints that have not been resolved by means of the internal complaint-handling system of an online platform. The decisions of ODS bodies are not binding.

ACE, a company registered in Ireland, have been granted certification for a period of five years, from 26 September 2024 to 26 September 2029. The area of expertise for which the certification is granted is the application and enforcement of terms and conditions of online platforms.

To be certified as an ODS body an applicant must satisfy the following conditions as set out in Article 21 of the DSA.

• Impartiality and independence, including financially independence, in relation to providers of online platforms and recipients of the service.
• Expertise in relation to areas of illegal content, or in relation to the application and enforcement of terms and conditions of online platforms.
• Remuneration, which requires that ODS body members are remunerated in a way that is not linked to the outcome of the procedure.
• Accessibility, which requires that the ODS settlement is easily accessible, through electronic communications technology and provides for the possibility to initiate the dispute settlement and to submit the requisite supporting documents online.
• Swift and efficient dispute settlement, which requires that the ODS body can settle disputes in a swift, efficient, and cost-effective manner and in at least one of the official languages of the institutions of the Union.
• Clear and fair rules, which requires that the ODS settlement takes place in accordance with clear and fair rules of procedure that are easily and publicly accessible.

Further information on the ODS Body certification process, including a guidance document and application form, can be found on our industry guidance page.

• Regulator takes action to ensure platforms deal effectively with reports of illegal content online under the Digital Services Act
• One in three digital services complaints made to Coimisiún na Meán relate to difficulties reporting illegal content online
• Initial information-gathering phase is first step towards compliance and possible formal enforcement action and investigation

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:

Platform	Article 12	Article 16
TikTok	Yes	Yes
X	Yes	Yes – where there is no overlap with ongoing European Commission investigation
YouTube	Yes	Yes
Meta	Yes	No, subject to an ongoing European Commission investigation
LinkedIn	Yes	Yes
Temu	Yes	Yes
Pinterest	Yes	Yes
Shein	Yes	No, subject to an ongoing European Commission review
Etsy	Yes	Yes
Dropbox	Yes	Yes
Hostelworld	Yes	Yes
Tumblr	Yes	Yes

• Supporting Q&A document – requests for information

Coimisiún na Meán is aware that the European Commission has initiated formal proceedings against Tik Tok for possible breaches of the Digital Services Act (DSA). Coimisiún na Meán will provide assistance to the European Commission in this investigation.

Coimisiún na Meán is Ireland’s body for regulating broadcasters, on-demand services, and online media, and supporting media development. On Saturday last (17.02.2024) An Coimisiún welcomed the application of the EU Digital Services Act (DSA) which is now fully in force in Ireland. The DSA provides new rules for how online services deal with illegal content or apply their own rules.

Under the DSA, the responsibility for supervising Very Large Online Platforms and Search Engines is shared between the European Commission and the regulator of the EU Member State where the service has its EU headquarters. Thirteen out of twenty two Very Large Online Platforms and Search Engines designated so far, including Tik Tok, have their EU headquarters in Ireland.

Coimisiún na Meán is working closely with the European Commission and other European regulators and today (19.02.2024) attended the inaugural meeting of the European Digital Services Board. The European Board for Digital Services Board is an independent advisory group formed by the European Commission and Member State Digital Service Coordinators, to ensure that the DSA is applied consistently, and that users across the EU enjoy the same rights, regardless of where the online platforms are established.

The Board will be consulted on the enforcement of the DSA and advise on arising issues related to the DSA and can contribute to guidelines and analysis. It will also assist in the supervision of Very Large Online Platforms and Very Large Online Search Engines and will issue yearly reports on the prominent systemic risks and best practices in mitigating them.

New EU rules will apply to online services from the 17^th of February 2024.

Coimisiún na Meán, Ireland’s body for regulating broadcasters, on-demand services, and online media, and supporting media development, has today (16.02.2023) welcomed the imminent application of the EU Digital Services Act (DSA) which comes fully into force in Ireland and across the EU from tomorrow (17.02.2024). The DSA provides new rules for how online services deal with illegal content or apply their own rules.

The DSA, Online Safety and Media Regulation (OSMR) Act 2022 and the EU Terrorist Content Online Regulation (TCOR) come together to form Coimisiún na Meán’s overall Online Safety Framework. This Framework will make digital services accountable for how they protect people, especially children, from harm online and will be used to enforce rules about how online services deal with illegal or harmful content.

Coimisiún na Meán will open its user contact centre on February 19^th 2024.The contact centre will provide advice to users on their rights under the Digital Services Act and gather intelligence that will inform An Coimisiún’s supervisory and enforcement activities. When users spot illegal content online, they should flag it to the platform, and the platform will have a duty to stop it.

Commenting, Executive Chairperson of Coimisiún na Meán, Jeremy Godfrey said: “The DSA will form a key part of Coimisiún na Meán’s Online Safety Framework. We will enforce the DSA, so that platforms are accountable for protecting users online, minimising children’s exposure to harmful content and upholding fundamental rights, including freedom of expression.”  

In addition, the DSA provides a framework for cooperation between the EU Commission and national regulatory authorities across Europe. Coimisiún na Meán is responsible for regulating services which have their EU headquarters in Ireland, and the European Commission plays a role in overseeing the largest platforms and search engines.

The Digital Service Commissioner John Evans said: “The DSA will empower people and civil society groups to hold platforms to account for dealing with illegal content. People should remember when they spot illegal content, to flag it, so the platform can stop it. We will engage with platforms large and small to ensure that they live up to their legal obligations. As Ireland’s Digital Services Coordinator, we look forward to working closely with the European Commission and our regulatory counterparts across Europe to ensure that these new rules drive improvements in online safety and ensure that people can continue to enjoy the benefits of being online.”