Providers of online platforms may impose a series of restrictions on users on the grounds that the information they provide constitutes illegal content or is incompatible with the general conditions of use of the platform services, informs the National Communications Administration and Regulation Authority (ANCOM), in a press release sent to AGERPRES on Friday.
According to the cited source, among the restrictions that can be imposed are: restrictions on the visibility of certain information provided by the user, including content removal, blocking access to content or downgrading content; suspension, termination or other restrictions on monetary payments; suspension or total or partial termination of the service; suspension or closure of the user's account.
On the other hand, online platforms have an obligation to provide any user to whom one of the restrictions has been applied with a clear and specific statement of reasons containing a minimum of information (e.g. type of restriction, territorial scope of the decision and its duration; facts and circumstances taken into account in the decision, etc.), and this will only apply if the provider has the user's electronic contact details.
However, this obligation does not apply if the information in question constitutes widely circulated infringing commercial content or if the restriction has been applied as a result of an order to take action against the infringing content issued by a relevant authority.
At the same time, online platforms must provide users with access to an effective internal complaints handling system that allows them to lodge complaints, electronically and free of charge, about decisions made by the online platform provider. If the user is dissatisfied with the response received through the internal complaint handling system, they have the possibility to refer the matter to an out-of-court dispute resolution body, entities certified by the coordinators of digital services in their country of establishment.
"The user affected by the suspension/restriction/termination of his/her account on a very large online platform must first of all address the platform directly through the online tools provided by it. If, following the steps taken within the online platform in question, the user still considers that the platform is not complying with the obligations to send a statement of reasons or to provide a complaints mechanism, he can address a complaint to ANCOM, accompanied by conclusive evidence (for each step taken), using the dedicated form. In accordance with the provisions of the Regulation on digital services, ANCOM may resolve the complaint if the online platform provider is established in Romania or may forward the complaint to the digital services coordinator in the country of establishment of the platform," the Authority states.
Starting from 2024, according to Law no. 50/2024, ANCOM has the role of coordinator of digital services, being responsible for verifying compliance with the obligations incumbent on the intermediary service providers established in Romania.
The Digital Services Act (DSA) Regulation applies to all intermediary services (including online platforms) provided in the European Union (EU). At the level of each Member State, the digital service coordinators verify compliance with the obligations of the intermediary service providers established or having appointed a legal representative in the Member State concerned.
ANCOM states that the DSA does not contain censorship tools and does not provide a legal basis for assessing the legality of content, but ensures that online platforms respect users' rights to free speech when they remove illegal content.
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