Reporting content on social media
How and where can I report content and misuse?
Legislation now requires social media platforms to provide easily accessible options for reporting illegal content. If you want to report an image or video you will often find the reporting feature behind the three dots or dashes next to the post. On some services, this function is also highlighted in colour or marked with a flag symbol.
There are two reporting channels:
1. Reporting on grounds of violation of the platform’s terms of use;
2. Reporting on the basis of the Digital Services Act (DSA)
Both options are in the same place, but have different consequences.
Reporting on the basis of the Digital Services Act (DSA)
Reporting under the DSA must be processed by the platforms in accordance with stricter regulations, and is subject to stricter supervision. The platforms are obliged to handle these reports quickly, carefully and fairly. If they fail to do so, they may face severe penalties.
This is why many platforms prefer users to report violations of the terms of use, as DSA reports require more time and resources. This is why this reporting feature is less obvious, and is often concealed by terms such as "reporting illegal content" (e.g. on X/Twitter, Snapchat and TikTok) or "report as illegal" (Instagram).
In order for your report to be processed, it must contain the following information:
1. Reasons: Explain clearly why you think the content is illegal.
2. Location: Specify the exact location of the content (e.g. the URL).
3. Contact details: Your name and email address must be provided.
4. Credibility: Confirm that you are acting in good faith, and that your information is truthful.
After you have submitted the report, you will receive a confirmation. The platform must also inform you of its decision, and give you the opportunity to appeal if you do not agree with the decision. If automated systems are used for verification purposes, the platform will also inform you accordingly.
Here are a few helpful links:
Removing content due to violations of the law on Instagram/Facebook
Reporting illegal content on Snapchat
Reporting illegal content on TikTok
Reporting on grounds of violation of the terms of use
Unlike DSA reports, reports relating to the platform's terms of use are less regulated and not transparent. These reports do not appear in the legally required transparency reports, and do not offer any rights as defined in the DSA (e.g. the right of appeal).
Although you can also raise grounds, such as misinformation, harassment, spam or fraud, these reports often do not lead to any further action. Platforms are not obliged to provide information on how they deal with such reports, and there are usually no legal consequences for the platforms.
Ways of making complaints
Digital Services Coordinator in the Federal Network Agency
The Digital Services Act (DSA) is a European law which now obliges platforms and search engines to make any reporting of content simple and comprehensible. The grounds of the decision (not) to delete content must be transparent to users.
In this context, the German Federal Network Agency (BNetzA) has set up a new complaints body. As the Digital Services Coordinator (DSC), it monitors to ensure online service comply with DSA rules.
If platforms systematically violate these rules and on a regular basis, for example by not responding to reports or not deleting reported content, complaints can be lodged with the DSC. The EU Commission is responsible for offences committed by services which are used most frequently. In the DSA, they are referred to as Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs). This includes platforms and search engines with more than 45 million monthly active users. Complaints against VLOPs and VLOSEs are transferred by the DSC to the European Commission. A list of VLOPs and VLOSEs is available here.
In cases where the company is based in Germany, fines and penalties of up to six per cent of the annual turnover can be imposed. If the company is not based in Germany, the complaint will be transferred to the competent supervisory authority in the member state where the company has its head office.
Reasons for complaints include:
- Difficulties in reporting illegal content;
- The platforms’ failure to state reasons for their decisions (not) to remove content;
- Inadequate contact options or legal representatives of the platform;
- Problems with out-of-court dispute settlement;
- Insufficient protection against misuse;
- Lack of protection of minors
Link to the complaint form (in German): https://www.dsc.bund.de/DSC/DE/8Formulare/Form06_Beschw/node.html
The reason for the complaint must be selected in the complaint form. The facts of the case may be explained in up to 2,500 characters. Up to five screenshots (LINK) can be attached. Only an e-mail address is required for a complaint, although full contact details are requested in the form. The complaints office can use this email address for follow-up questions.
Important: The complaints office cannot delete individual content, but is only obliged to take action in the event of systematic violations.
Centre for User Rights of the Society for Civil Rights e.V.
The Digital Services Act (DSA) was designed to involve civil society in its implementation to ensure that platforms operate transparently and are held accountable. The Centre for User Rights actively fights to protect the user rights set out in the DSA to ensure they are enforced. Key provisions of the DSA are intended to guarantee greater transparency and efficient complaints processes for moderation decisions, but also clear reporting channels, alternative recommendation systems and guidelines that are in line with fundamental rights. The Centre for User Rights is ready to help users assert these rights, and encourages them to contact them with any concerns or complaints:
Data protection supervision of the federal states
If you have asserted your data subject rights under the General Data Protection Regulation (GDPR) by submitting a request for rectification, erasure or restriction of processing to the data protection officer of the respective platform, and they have not responded within the statutory response period (4 weeks to 3 months), you can lodge a complaint with the competent data protection supervision authority in your federal state. Here is an overview of the various supervisory authorities in Germany, listed by federal state (in German): https://www.bfdi.bund.de/DE/Service/Anschriften/Laender/Laender-node.html
Important note: Although the rights of the data subject under the GDPR do exist, their enforcement is often unsatisfactory. This is due to the fact that countries such as Ireland, where many large companies, such as Meta and X, are EU-based, are responsible for enforcement. The fact that these companies are based there is also due to the reputation of the Irish data protection authority: it is less strict in implementing the GDPR. Whilst it is true that the federal states’ data protection supervision authorities in Germany must transfer the complaints, little tends to occur after as a result.