DSA, Article 16

DSA notice and action: handling user reports

Article 16 of the Digital Services Act (Regulation (EU) 2022/2065) requires every hosting service, including a website that hosts comments, to let anyone report illegal content, then to process that notice diligently and tell the person who sent it what was decided.

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The problem

Many sites have a “report” button with nothing behind it: no processing queue, no acknowledgement of receipt, no record of the decision. If a regulator checks or a decision is challenged, there is no way to show that reports were handled.

How OpenModeration handles it

In OpenModeration, every report lands in the same console as automatic moderation. It is assessed against your rules, decided automatically or by our team, and the decision is logged with its written reason in the audit log.

The result

For every report, you can show when it was received, who or what handled it, what was decided and why. The same data also feeds your transparency report.

What Article 16 requires

The main points of the obligation, and how OpenModeration helps you meet them. This summary is not legal advice.

An easy-to-access electronic mechanism

Anyone must be able to report content they consider illegal, simply, from your website or app.

A sufficiently precise notice

The notice must identify the content (its exact URL), explain why it is allegedly illegal, and in principle include the name and email address of the person sending it, plus a statement of good faith.

Timely, diligent, non-arbitrary and objective processing

Notices must be handled in a timely manner. If automated means are used, the person who sent the notice must be told.

Confirmation of receipt and notified decision

The sender receives a confirmation, then the decision taken and the available means of redress. The author of the content receives a statement of reasons (Article 17).

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Comments arrive, each one gets a decision and its written reason, and our team handles the doubtful cases. You have nothing to do, and you see everything in real time.

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Why teams choose OpenModeration

One queue

User reports and automatic moderation are handled in the same place, with the same rules.

Everything is recorded

Receipt, decision, reason and who handled it are logged in the audit log.

Hands-on support

We help you connect your report button to OpenModeration and write your moderation policy.

DSA-compliant from day one

The Digital Services Act applies to every site that hosts comments. OpenModeration covers the moderation side for you.

See how we cover the DSA →
  • Art. 16: user reports logged and handled by our team
  • Art. 17: a written statement of reasons for every decision
  • Art. 15: exportable figures for your transparency report
  • Art. 20: human review of contested cases by our team
Done for you

We set it up and run it for you

Just connect your pages: our team sets up the moderation on your rules and use cases, then runs it day to day. Doubtful cases and reports are handled by us, and you can step in whenever you want.

Frequently asked questions

Does Article 16 apply to a news website?

Yes, as soon as it hosts content posted by its users, such as comments. It then acts as a hosting service within the meaning of the DSA.

Do we have to reply to every notice?

Yes. The DSA requires a confirmation of receipt when the sender has provided contact details, then information on the decision taken and the possible means of redress.

Can notices be processed automatically?

Yes, provided the sender is told and the decision stays objective and reasoned. In OpenModeration, doubtful cases are decided by a person from our team, and you see every decision and can override it.

How does this relate to the statement of reasons?

When a notice leads to content being removed or hidden, Article 17 requires you to explain the reasons to its author. OpenModeration writes this statement for every decision.

Notices handled and recorded, without the hassle.

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