Nicosia, Cyprus. Cyprus’ Radiotelevision and Digital Services Authority (RTDSA) said it is accepting applications for “trusted flaggers” of online content under the EU’s Digital Services Act. The move is part of an EU framework regulating online platforms such as Facebook and YouTube.
Applications under the Digital Services Act
The RTDSA announced last month that it is accepting applications for trusted flaggers (TFs), a role set out in Regulation EU 2022/2065, known as the Digital Services Act (DSA).
Article 22 of the DSA states that “providers of online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers… are given priority and are processed and decided upon without undue delay”.
Role and scope of flagging
The role of trusted flaggers is to alert platforms to illegal content. The EU’s digital strategy website says TFs are experts at detecting certain types of illegal content online, including hate speech or terrorist content, and notifying online platforms.
The application form on the RTDSA website lists 75 categories of illegal content that TFs could potentially flag, and notes that the list is not exhaustive.
The categories include “Scams and/or fraud,” with examples such as “Phishing,” “Pyramid schemes,” and “Impersonation or account hijacking.” Other areas listed include “Illegal speech,” “Negative effects on civic discourse or elections,” including “Foreign information manipulation and interference,” and “Risk for public security,” including “Terrorist content.”
Concerns about balancing safety and speech
Larnaca-based lawyer Andreas Shialaros told the Cyprus Mail he believed the initiative was “well-intentioned,” but said “we are walking on thin ice” and that freedom of speech must be balanced with online safety.
Shialaros questioned whether the volume of illegal content online necessitated the DSA and trusted flaggers, adding that someone posting illegal material such as child sexual abuse content would not be likely to publish it on Facebook and would instead use the dark net.
How should decisions be made about what online content is illegal and should be flagged?