Online hate: Arcom welcomes the authorities' intention to provide financial support to associations
The Digital Services Act (RSN) imposes new obligations on all platforms offering services within the European Union, notably in terms of moderation of content published by their users and transparency of their operations.
Under the SREN law of May 21, 2024, Arcom, the coordinator for digital services (CSN), is responsible for implementing this regulation in France. In particular, it is responsible for designating trusted flaggers responsible for notifying platforms of presumed illegal content. Platforms are required to treat such reports as a priority, and may be held liable if they fail to remove content promptly, unless its manifestly unlawful nature is disputed.
The watchdog role played by trusted flaggers is one of the cornerstones of effective RSN implementation.
Seven associations have already been designated trusted flaggers by Arcom: e-Enfance; Point de contact; Crif; ALPA; IFAW, INDECOSA-CGT and Addictions France. To fulfill their mission, these organizations must have sufficient human, technical and financial means at their disposal. In this respect, Arcom welcomes the intention announced by the authorities to provide financial support to associations fighting online hate, which could qualify for trusted flaggers status.
The regulator also points out that the spread of unlawful content online can only be curbed if platforms commit to ambitious technical and organizational means, enabling them to diligently process the reports they receive. To encourage exchanges and information sharing between trusted flaggers, Arcom is making provision for a series of meetings, starting in September, bringing together all the associations concerned.
In the autumn, the regulator also intends to relaunch its Online Hate Observatory, which will organize a collective effort involving civil society, platforms and public authorities, to examine platform practices (terms of service, moderation, taking into account emerging trends and practices to circumvent moderation, etc.) in the fight against online hate in the context of the SNSR.
Trusted flaggers can report content to all platforms used in France, regardless of where these platforms are established: in France, in another European Union 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 and, 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.
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