Implementation of the European regulation on digital services (RSN/DSA): first designation of a trusted flagger, e-Enfance

The European Digital Services Regulation (DSR) aims to promote a safer Internet within the European Union. It imposes new obligations on all platforms offered within the EU, including social networks, video-sharing and dating platforms, as well as marketplaces, 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, so that all citizens benefit from it, regardless of the platform used, whether based in France or not. Within this framework, it is the responsibility of the manager to designate trusted flaggers.

The non-profit organization e-Enfance is the first French entity to obtain this status. The association, which has been working for almost 20 years to protect persons under 18 and youngsters of legal age on the Internet, has been designated on the basis of transparent criteria defined by article 22 of the regulation on digital services: expertise and competence in identifying unlawful content; independence from any online platform provider; commitment to carry out notifications diligently, accurately and objectively.

Arcom is delighted with this first designation, which marks a major step forward in the implementation of the RSN and helps strengthen the protection of online audiences.

The Authority is examining the other applications received and invites entities wishing to do so to submit their applications via a window permanently accessible on this link.

Trusted flaggers: conditions and applications

The 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.

e-Enfance is an association dedicated to the protection of persons under 18 and youngsters of legal age on the Internet. Recognized as a public interest organization, it has signed an agreement with Pharos, and also benefits from the first partnerships negotiated by the European Commission with Facebook and YouTube for priority treatment of its content reports. It also has "trusted flagger" partnerships with a dozen pornographic sites, social networks, pay media platforms and online gaming sites. 3018 (formerly Net écoute), a free service operated by the company, is an alert scheme directly linked to the platforms, Pharos and 119-Enfance en danger. In addition to a permanent digital watch, e-Enfance has an online reporting form accessible from its website, and 3018 enables the general public and users of social networks and the Internet, in addition to its mobile application, to report any harmful account or content by telephone 7 days a week. Approved by the French Ministry of Education, the organization is also involved in digital violence prevention and awareness raising, as well as advocacy. It has a team of 47 employees, including around 30 listeners and speakers.