Out-of-court dispute settlement mechanisms for failures in content moderation

Abstract

Content moderation is at the core of online platform activities. Many platforms allow users to post content that may or may not comply with the terms of service or that may violate national laws. In order to avoid these violations, online platforms have started to monitor content both ex post and ex ante. However, mistakes may still (frequently) happen. In order to allow users to effectively contest decisions and compel platforms to restore content or accounts after erroneous decisions, online platforms should provide adequate due process mechanisms to appeal and seek redress. The EU has addressed this point by including specific provisions in the recently adopted Digital Services Act (DSA). In particular, Article 21 provides that complaints against online platforms can also be resolved through out-of-court dispute settlement mechanisms provided by certified bodies. After analysing the role of online platforms in content moderation, this essay focuses on the types of dispute resolution mechanisms envisaged in the DSA. Assessing, on the one hand, the proposed criteria for effective out-of-court dispute settlement bodies according to the principles of fairness, accountability, independence and transparency and, on the other hand, the shortcomings that emerge from the certification mechanism defined in the DSA.