How can I dispute a platform decision?
If you’re not happy with the online platform’s decision, for example, regarding your report or a decision to restrict your content or access – you can lodge a dispute with an out-of-court dispute settlement (ODS) body.
How can an ODS body help me?
If you’re not happy with a decision of an online platform, including where you have submitted a report, you can appeal their decision and you can use a certified ODS body. There are many advantages to using an ODS body, such as cost-effectiveness, speed of resolution, independent and impartial review of disputes. The ODS services are provided to online users for free or at a nominal charge. In addition, the user retains their right to take the matter to court at any time.
The ODS process
Let’s look at the following scenario that illustrates the ODS process.*
James’s post was removed by the platform because it ‘violated’ their terms and conditions, and he was not happy with this. The platform explained he could appeal their decision and if he wanted, he could also use the ODS process to dispute their decision.
James didn’t want to wait for an appeal, so he chose to complain through the ODS process. He learned there are various ODS bodies with different expertise in certain areas. He chose an ODS body that matched the language he spoke, but also that dealt with terms and conditions violations. The ODS body asked some questions, and James gave them the evidence and context they needed.
After a short time, the ODS body concluded that the platform’s decision to remove the post was incorrect. They believed it didn’t violate the terms and conditions of the platform. They shared this decision with the platform, who accepted the decision, and the post was re-instated. James felt justified and empowered, using his rights under the DSA.
*Please note that each ODS body’s internal processes may differ, however a similar sequence of steps may be expected in each case. Notably, an ODS Body has a right to reject a dispute which has been submitted if it does not meet the requirements outlined in the ODS body’s Rules of Procedure. It is advised to review the Rules of Procedure on the ODS body’s website before submitting a dispute.
The process flowchart below represents an average scenario where a user disagrees with a platform decision, and the most common routes of redress they may follow.
Flowchart describing the user redress process:
- User disagrees with platform decision.
- User reviews options of redress.
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Option 1: Appeal to platform.
- If resolved: Process ends.
- If not resolved: Proceed to dispute through ODS.
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Option 2: Dispute through Online Dispute Resolution (ODS).
- Step 1: Select ODS body.
- Step 2: Lodge dispute.
- Step 3: Engage with ODS body.
- Step 4: Receive decision.
What types of platform decisions can I dispute using an ODS body?
Disputes that can be submitted to an ODS body include disputes relating to the decisions of an online platform upon receipt of a report or against the following decisions of an online platform on the grounds that the information provided by the users constitutes illegal content or is incompatible with its terms and conditions:
- Decisions whether or not to remove or disable access to or restrict visibility of the information.
- Decisions whether or not to suspend or terminate the provision of the service, in whole or in part, to the users.
- Decisions whether or not to suspend or terminate the users’ account.
- Decisions whether or not to suspend, terminate or otherwise restrict the ability to monetise information provided by the users.
Can I appeal a decision directly to the online platform?
Online platforms have an obligation to provide you with access to an internal complaint-handling system. A user can use it to appeal platform decisions listed under What types of platform decisions can I dispute using an ODS body? above.
Can I choose an ODS body to deal with my dispute?
You can choose an ODS body based on the expertise that applies to your dispute. Each ODS body is certified for particular areas of expertise, for example, expertise on issues in one or more particular areas of illegal content, or expertise in relation to the enforcement of the terms and conditions of one or more types of online platform. A list of all ODS bodies certified in EU member states is available on the following page on the European Commission’s website. You can see the areas of expertise listed for each ODS body. This page also lists the language(s) for each ODS body. ODS bodies must provide decisions in at least one official language of the EU.
ODS body certification is valid across the EU. This means that a user in Ireland can submit a dispute to any ODS body, subject to limitations which might apply (for example, an ODS body may only be able to resolve disputes in certain languages). Information about ODS bodies certified by Coimisiún na Meán can be found below.
Are the decisions of an ODS body binding?
No, an ODS body does not have the power to impose a binding settlement of the dispute. Neither the user nor the online platform is bound by the decisions of the ODS body.
How much does it cost to use an ODS body?
A certified ODS body can charge a fee for its services. For users, the dispute settlement shall be available free of charge or at a nominal fee. Before starting the process of dispute resolution, the ODS body must make its fees known to the user and to the platform.
How do I know the outcome of my dispute?
A certified ODS body is required to make its decisions available to the parties within a reasonable period of time and no later than 90 calendar days after the receipt of the complaint. In some instances, the ODS body may extend this deadline but will need to come to a decision within 180 days.
Can an online platform refuse to engage with an ODS body?
Both online platforms and users are required to engage in good faith with the ODS body with a view to resolving the dispute. However, an online platform may refuse to engage with the ODS body if it believes that the dispute has already been resolved, concerning the same information, and the same basis (i.e., the same grounds of alleged illegality, or alleged incompatibility with the terms and conditions).
Can I still go to court to deal with a dispute?
Yes. You can still go to court at any stage even if you’ve lodged a dispute with an ODS body.
Certified out-of-court dispute settlement bodies
Certified by Coimisiún na Meán
Appeals Centre Europe
The certification is granted for a period of five years, from 26 September 2024. The area of expertise for which the certification is granted is the application and enforcement of terms and conditions of social media online platforms. For example, if you report content that you believe to be in violation of the platform’s terms and conditions and the platform decides not to remove it, you can submit the dispute through ACE.
At present, ACE accepts disputes regarding Facebook, Instagram, Threads, TikTok, YouTube and Pinterest. ACE will issue decisions and communicate with users in the following languages: English, French, German, Spanish, Italian, Dutch and Polish. However, ACE can accept disputes where any underlying content or the communications of the online platform are in any of the official languages of the EU or most other languages spoken in the EU. A complete list of these languages is available on the Rules of Procedure page of the ACE website.
ACE is a company registered in Ireland.