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Coimisiún na Meán said there 'is reason to suspect' the illegal content reporting mechanisms are 'not easy to access or user-friendly' Alamy Stock Photo

Regulator launches investigation into TikTok and LinkedIn over illegal content reporting concerns

If an online provider is found in violation of the Digital Services Act, Coimisiún na Meán can apply an administrative financial sanction, including a fine of up to 6% of turnover.

IRELAND’S MEDIA REGULATOR has launched investigations into TikTok and LinkedIn over concerns that the mechanisms to report illegal content are not user-friendly.

One of Coimisiún na Meán’s roles is to develop and enforce the Irish regulatory regime for online safety.

Under the EU Digital Services Act (DSA), mechanisms to report suspected illegal content should be “easy to access and user friendly” and should not be designed in such a way that could “deceive or manipulate users”.

But Coimisiún na Meán said there are concerns that the illegal content reporting mechanisms provided by TikTok and LinkedIn are “not easy to access and not user-friendly” and that there “may be deceptive interface designs associated with these reporting mechanisms”.

The investigations follows a review in September of last year of several online providers’ reporting mechanisms. 

As part of the review, concerns arose in relation to potential “dark patterns”, or deceptive interface designs, of the illegal content reporting mechanisms.

Coimisiún na Meán said concerns also arose around reporting mechanisms which were “liable to confuse or deceive people into believing that they were reporting content as illegal content, as opposed to content in violation of the provider’s Terms and Conditions”. 

“If this is correct, this might mean that the illegal content reporting mechanisms are not effective in preventing the dissemination of illegal content,” said a spokesperson.

The investigations will look into whether the illegal content reporting mechanisms implemented by TikTok and LinkedIn are easy to access and user-friendly, whether they allow people to report suspected child sexual abuse material anonymously, and whether it “deceives people from reporting content as illegal”.

John Evans, Digital Services Commissioner at Coimisiún na Meán said that at the core of the DSA is the “right of people to report content that they suspect to be illegal, and the requirement on providers to have reporting mechanisms that are easy to access and user-friendly”.

Evans remarked that “there is reason to suspect” that the illegal content reporting mechanisms on TikTok and LinkedIn are “not easy to access or user-friendly, do not allow people to report child sexual abuse material anonymously, and that the design of their interfaces may deter people from reporting content as illegal”.

He added that a number of other providers have made “significant changes” following engagement with Coimisiún na Meán and that it is “currently assessing these changes for their effectiveness”.

“Our message is clear,,” said Evans, “we expect providers to comply with their obligations under the DSA and to engage with us when making changes to their reporting mechanisms.”

He also said Coimisiún na Meán is not ruling out further regulatory action from several other providers it has requested further information from.

Evans encouraged people in Ireland and across the EU to report suspected illegal content to the provider where you see it.

“If you can’t find an easy way to do this, or if you’re not happy with a platform’s response, our Contact Centre can provide advice and support and can escalate issues to our Complaints Team if required,” he added.

If an online provider is found in violation of the DSA, Coimisiún na Meán can apply an administrative financial sanction, including a fine of up to 6% of turnover.

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