EFF and
ARTICLE 19
have submitted joint comments to the European Commission on
draft guidelines
for the Digital Services Act’s trusted flagger mechanism. Having long advocated for a DSA that protects freedom of expression while preserving intermediary liability protections and the prohibition on general monitoring, we welcome the Commission's effort to provide practical guidance on how the trusted flagger system should operate.
The DSA’s
trusted flagger system
can help platforms identify illegal content more efficiently. But if implemented poorly, it could also encourage over-removal of lawful speech, weaken due process, and give government authorities disproportionate influence over online expression.
We support the Commission's focus on good practices and illustrative examples, rather than legal interpretations that could inadvertently steer platforms toward particular enforcement outcomes—and argue that the guidelines should include stronger safeguards to protect freedom of expression, due process, and the impartiality of the trusted flagger system.
We also support the Commission's clarification that the DSA itself does not define "illegal content"; that determination must come from applicable national or EU law. Trusted flaggers submit prioritized notice, but platforms remain responsible for determining whether content is actually illegal. Platforms must therefore conduct careful, informed assessments and should not assume that a trusted flagger notice necessarily warrants restricting content.
Our submission highlights several areas where the guidelines could be strengthened:
Cross-border assessments require caution.
Platforms should not rely on a trusted flagger notice to assess legality across Member States, where national legal frameworks may differ.
Systemic risks extend beyond content moderation.
The DSA's systemic risk framework should not rely too heavily on individual moderation decisions, but should also consider br
