- Office of Electronic Communications

User rights

• The right to freedom of expression and information and respect for other fundamental rights (art. 14 ust. 3 DSA) show element

  Intermediary service providers, when applying terms of service and taking action on content (e.g., moderation), should take into account the fundamental rights of service recipients, such as freedom of expression, the right to respect for private and family life, the right to the protection of personal data, and the right to non-discrimination. This means that when taking measures to remove any content, service providers should act objectively, non-discriminatorily, and proportionately, with due regard for the rights of service recipients, including the right to freedom of expression. The provider of these services should balance the need to remove potentially harmful content with the user's right to freedom of expression.

• Right to report illegal content (art. 16 DSA) show element

  Pursuant to Article 16 of the DSA, every user has the right to report content that they consider to be illegal. Hosting service providers, including online platforms that allow users to publish content (e.g., social media sites or classified ad platforms), are required to provide an easily accessible and user-friendly mechanism for reporting such content, available exclusively by electronic means. What content can be reported? Content that violates the law may be reported, in particular:

  1. incitement to violence or hatred,
  2. threats,
  3. child pornography,
  4. fraud.

• Right to appeal (art. 20 DSA) show element

  Users are guaranteed access to an internal system for reviewing complaints about decisions made by online platforms for a period of at least six months from the suspension or restriction of services. The online platform should provide an easily accessible and visible link or section for lodging a complaint against a decision to block an account. The complaint system should not require the user to provide detailed legal provisions or formal justifications for their complaint to be considered. Furthermore, online platform providers shall ensure that decisions are made under the supervision of suitably qualified personnel and not solely on the basis of automated means.

• Right to out-of-court dispute resolution (art. 21 DSA) show element

  Users of online platforms have the right to use an out-of-court dispute resolution mechanism if they are not satisfied with the response obtained through the internal complaint handling system. Online platform providers are required to cooperate with certified out-of-court dispute resolution entities designated by Member States. Users can use this mechanism regardless of their place of residence, and the proceedings can be conducted remotely and without excessive costs. The choice of a certified entity is up to the user, and the service provider cannot impose a specific solution. According to the DSA, this procedure does not deprive the user of the right to judicial protection. Furthermore, the dispute resolution entity should act independently, impartially, efficiently, and with due protection of the rights of all parties.

• Right to complain to the Digital Services Coordinator (art. 53 DSA) show element

  Pursuant to Article 53 of the DSA, every user has the right to lodge a complaint with the Digital Services Coordinator in their Member State if they believe that an intermediary service provider – e.g. an online platform – has infringed their rights under the DSA.

  The complaint may concern a situation where the actions or omissions of the service provider are contrary to the provisions of the DSA, in particular with regard to: transparency of decisions on content moderation, insufficient justification for the removal of content or restriction of account functionality, failure to provide effective remedies, or violation of other obligations set out in the Regulation.