Article 21 of the EU Digital Services Act requires online platforms to engage with certified Out-of-court Dispute Settlement (ODS) bodies.
Online platforms are required to engage in good faith with certified Out-of-court Dispute Settlement (ODS) bodies. The European Commission provides details and lists the certified bodies. The mechanism allows users to contest moderation decisions by online platforms restricting their accounts or sanctioning their content. It seeks to build trust in online environments and provide insight into systemic issues.
A Working Group of the Digital Trust and Safety Partnership recently published an initial position paper, highlighting a need for consistent expertise and competence, effective abuse safeguards, efficient information exchange and reasonable cost and fee structures. Industry best practices are identified to ensure the efficiency and effectiveness of the ODS ecosystem.
The UK Safer Internet Centre advocates for an equivalent mechanism in the UK, to resolve individual disputes and uphold people’s rights to safety and freedom online. The Online Safety Act includes a requirement for Ofcom to report on user redress by March 2027, and to advise whether an out-of-court dispute resolution system should be introduced.
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