For years, reporting content on a social network was like putting a message in a bottle: you never knew whether anyone read it or why the answer was no. Regulation (EU) 2022/2065, the Digital Services Act or DSA, has changed that. It has applied in full since February 2024 and gives users specific tools to request the removal of illegal content.
What the Digital Services Act is
It is an EU regulation, directly applicable in every member state, including Spain, that sets out the obligations of intermediary services: social networks, video platforms, marketplaces, search engines and hosting services. The obligations grow with size and are strictest for very large online platforms and search engines.
One important point: the regulation does not define what is illegal. That is determined by EU and national law, for example the Spanish Criminal Code or data protection legislation. What the DSA regulates is how platforms must act once they are notified.
What content you can report
Content that is illegal under the applicable law, for example:
- Insults, slander and threats.
- Sharing intimate images without consent.
- Impersonation.
- Unlawful publication of personal data.
- Intellectual property infringements.
- Scams and illegal products.
For content that is not illegal but breaks the platform's rules, such as some kinds of spam or offensive language, you can still report it under those rules.
The key obligations for platforms
- Notice and action mechanism (Article 16): hosting services must allow illegal content to be reported easily and electronically.
- Statement of reasons (Article 17): if they remove or restrict content, they must explain why to the person who posted it.
- Internal complaint-handling system (Article 20): online platforms must allow their decisions on notices to be challenged.
- Out-of-court dispute settlement (Article 21): you can go to certified bodies to resolve the disagreement.
- Trusted flaggers (Article 22): notices from certain recognised organisations are handled with priority.
How to write a good notice
Under Article 16, a notice must contain what the platform needs to assess the case. In practice:
- Explain why the content is illegal, with a sufficiently substantiated explanation. Cite the law if you know it, Spanish or that of the country concerned.
- Give the exact location, normally the URL of each post.
- Identify yourself with your name and email address, except where the law does not require it.
- State that you are acting in good faith and that the information is accurate and complete.
Tip
Use the specific illegal content form that the large platforms provide, which is separate from the general report button. There you can explain the legal reason and the notice is usually better recorded.
If the platform says no
Do not stop at the first answer:
- Use the platform's internal complaint system to ask for the decision to be reviewed.
- Go to a certified out-of-court dispute settlement body if you still disagree.
- Lodge a complaint with the Digital Services Coordinator, the authority each country designates to supervise compliance with the regulation.
- Go to court if the case justifies it. The DSA does not replace legal action.
What the platform must tell you
When you report content, the platform must acknowledge receipt, handle the notice diligently, objectively and in a non-arbitrary way, and tell you its decision along with the available means of redress. If it does not reply, or the reply is generic, keep evidence of everything: it is the basis for the internal complaint or for a complaint to the authority.
What the DSA does not do
It does not require platforms to monitor everything that is published, nor to remove everything that is reported. It requires them to act diligently and justify their decisions. And it does not give you the right to remove legitimate criticism or truthful information that you dislike.
We help you request removal
We prepare well-founded notices of illegal content, follow them up and handle the complaints if the platform does not respond. When the case requires it, we work alongside a law firm. The final decision lies with the platform; we analyse your case for free and give you a fixed quote. More information on removing content from social media. We work in English, remotely, from anywhere in Spain or abroad.
