The National Authority for Management and Regulation in Communications (ANCOM), as the Digital Services Coordinator in Romania, reminds users of online platforms of their rights and the steps they can take if the platforms restrict certain types of content.
Online platforms providers can take a number of measures if the content posted by a user does not comply with the platform’s terms of use.
Online platforms must include, in their general terms of use, information about any restrictions imposed on service users. Such information regards the policies, procedures, measures and tools used for content moderation, as well as the complaint-handling system available to users. In short, these terms are a set of rules imposed by the platform, which outline what is permitted and what is prohibited when using that platform.
By accessing a platform, users accept the documents regarding the set of rules imposed by that platform, which form the contractual framework between the platform provider and the user, governing the conditions and manner of using the platform and its services.
When an online platform restricts content, it must issue a clear and specific explanatory statement, including:
- restriction type;
- territorial scope of the decision and its duration;
- facts and circumstances considered in reaching the decision;
- indication of any automated tools used in the decision-making process;
- reference to the legal or contractual basis for the restriction;
- clear and understandable information on the remedies available to the user in relation to the decision, in particular internal complaint-handling mechanisms, the possibility of out-of-court dispute settlement and judicial remedies.
Attention!
The obligation to provide an explanatory statement applies only if the platform provider has the user’s electronic contact details. This obligation does not apply if the information concerned constitutes misleading commercial content of wide circulation, or if the restriction was imposed following an order to act against illegal content issued by a competent authority.
Moreover, platforms must ensure that service recipients have access to an effective internal complaint-handling system, allowing them to submit complaints electronically and free of charge regarding decisions taken by the platform provider.
If users are dissatisfied with the platform’s decision, they may turn to a certified out-of-court dispute settlement body. Although no such body has yet applied for certification in Romania, users can contact any of the certified bodies on the territory of the European Union.
What, how and where to complain
ANCOM does not have content moderation attributions, therefore complaints about the restriction or removal of content must first be addressed directly to the online platform, through the mechanisms described above.
If, after following the platform’s procedures, users believe that the platform has failed to comply with the obligations to provide a statement of reasons, offer a challenge mechanism or to present the available appeal options, they can file a complaint with ANCOM, accompanied by conclusive evidence of all steps taken, using the dedicated form. According to the provisions of the Digital Services Act, ANCOM can resolve a complaint if the platform provider is established in Romania, or – if the provider is based in another EU country – it can submit the complaint to the digital services coordinator in the country where the platform is established.
For more details on the Digital Services Act and ANCOM’s role in its implementation, visit the dedicated section of the ANCOM InfoCentre.