Implementation of the European regulation on digital services (RSN/DSA): ALPA, IFAW, INDECOSA-CGT and Point de Contact designated trusted flaggers

The European Digital Services Regulation (DSR) aims to promote a safer Internet within the European Union. It imposes new obligations on all platforms offering services within the EU in terms of moderation of content published by their users and transparency of their operations.

Under the SREN law of May 21, 2024, Arcom, coordinator of digital services (CSN), is responsible for implementing this regulation in France. As such, it is responsible for designating trusted flaggers responsible for submitting to online platforms reports of content presumed to be manifestly illegal, which the latter must treat as a priority. The platform is obliged to remove the content promptly, unless it contests its manifestly unlawful nature.

Following on from e-Enfance, designated as a trusted flagger last November, the Association de lutte contre la piraterie audiovisuelle (ALPA), the International Fund for Animal Welfare(IFAW), the INDECOSA-CGT association and the Point de Contact association are the four new entities to benefit from this status.

ALPA, founded in 1985, is an association dedicated to preventing and fighting against the piracy of cinematic works. IFAW, created in 1995, is an association dedicated to the rescue and preservation of wild species, and helps fight cybercrime linked to these species. INDECOSA-CGT, founded in 1979, is an information and defense association for salaried consumers. Point de Contact, founded in 1998, fights cyber-violence and protects victims in the digital world.

All four, with decades of solid experience in their respective fields, have been designated trusted flaggers by Arcom on the basis of the transparent criteria defined by article 22 of the RSN: expertise and competence in identifying unlawful content; independence from any online platform provider; commitment to carry out notifications diligently, accurately and objectively.

With these new designations, Arcom reaffirms its commitment to protecting the public from unlawful content online.

The Authority is examining the other applications received, and invites entities wishing to do so to submit their applications via a permanently accessible portal.

Examples of manifestly illegal content that can be reported for removal by the platform:

• Diffusion, on a video-sharing platform, of a digital copy of a film still protected by copyright.
• Advertisement for the sale, on a marketplace, of an animal recognized as endangered and whose trade is prohibited by law (for example, a goldfinch).
• Announcement of the sale, on a marketplace, of a dangerous product that has been recalled and/or banned from sale to private individuals outside authorized distributors (e.g. medicines or firearms).
• Publication, on a social network, summoning the murder of an individual or of a racist or anti-Semitic nature, inciting suicide or containing a child pornography image.

About trusted flaggers :

Trusted flaggers, appointed by Arcom, are responsible for submitting reports of presumed illegal content to online platforms. The report must be substantiated, and the platform must treat it as a priority. If it agrees with the trusted flagger's analysis, the online platform is obliged to revoke or disable access to the allegedly unlawful content. Trusted flaggers can report content to all platforms used in France, regardless of where the platform is based: in France, in another EU country or elsewhere in the world. The Internet user who published the reported content is informed if it is removed. They can demand a second review of their content by the platform, and where appropriate, challenge the platform's decision before a judge or, at the same time, an out-of-court dispute settlement body. Trusted flaggers enjoy the same rights. Both trusted flaggers and platforms are required to report on their respective content reporting and moderation activities in an annual transparency report.