The DSA statement of reasons: what Article 17 requires for every content removal
Since the Digital Services Act (DSA) started to apply, removing a comment is no longer enough: you have to tell its author why. Article 17 calls this explanation a "statement of reasons" and sets out its minimum content. Here is who is concerned, when it applies, what the statement must contain and what it can look like.
Who must provide a statement of reasons?
The obligation falls on providers of hosting services, meaning any service that stores information provided by its users: social networks, forums, marketplaces, but also news sites or blogs that host reader comments. Unlike some other DSA obligations, Article 17 contains no exemption for micro and small enterprises.
In which cases?
A statement of reasons is owed to every user affected by a restriction imposed because their content is illegal or incompatible with your terms and conditions. The text covers four types of restrictions:
- any restriction of the visibility of content: removal, disabling of access or demotion;
- suspension, termination or other restriction of monetary payments;
- suspension or termination of the service, in whole or in part;
- suspension or termination of the user's account.
The obligation applies where you know the user's electronic contact details, at the latest from the moment the restriction is imposed. It does not cover deceptive high-volume commercial content, nor orders from authorities under Article 9.
The six required elements
Paragraph 3 of Article 17 lists the information the statement must contain at a minimum:
The measure taken
Removal, disabling of access, demotion or restriction of visibility, suspension of monetary payments or another measure, and where relevant its territorial scope and duration.
The facts and circumstances
What the decision relies on, including whether it follows a notice (Article 16) or a voluntary own-initiative investigation. The identity of the notifier is given only where strictly necessary.
The use of automated means
Where applicable, the fact that the decision was taken using automated means, or concerns content detected or identified using such means.
The legal ground
If the content is considered illegal: the legal ground relied on and explanations as to why the content is considered illegal on that ground.
The terms and conditions clause
If the content is considered incompatible with your terms and conditions: the contractual ground relied on and explanations as to why the content is incompatible with it.
The possibilities for redress
Clear and user-friendly information on the redress available: internal complaint handling, out-of-court dispute settlement, judicial redress.
This information must be "clear and easily comprehensible", as precise and specific as reasonably possible, and allow the user to effectively exercise the possibilities for redress (paragraph 4).
What about online platforms?
Providers of online platforms have one more obligation: to submit their decisions and statements of reasons to the European Commission, without undue delay, for inclusion in a publicly accessible database. These submissions must not contain any personal data (Article 24(5)). Micro and small enterprises are exempted by Article 19, unless they are designated as very large online platforms.
Example statement of reasons for a removed comment
Fictitious example, to adapt to your service and your terms and conditions:
Hello,
Measure: your comment posted on October 14, 2026 under the article "…" has been removed. Your account is not affected.
Reason: the comment contains an insult aimed at another reader, which breaches section 4 of our community guidelines ("Respect for other participants").
How the decision was made: the comment was detected by an automated analysis tool, and the decision was then confirmed by a moderator.
Your options for redress: if you believe this decision is unjustified, you can challenge it by replying to this message within six months. You can also turn to a certified out-of-court dispute settlement body or go to court.
How OpenModeration helps you produce your statements of reasons
- A written reason for every decision. Every rejected comment gets a written explanation, in the language of your choice, which serves as the basis for the ground (point e or d).
- The role of automation, on record. The activity log shows whether the decision came from the AI or from a moderator, and which one (points b and c).
- Data ready to send. The API and webhooks return the verdict, category and reason for every item: you can include them in the message sent to the author.
- A complete history. Every decision, automated or human, stays in the audit trail for your reports and audits.
Information on redress and the precise legal ground remain your responsibility: they depend on your service, your terms and conditions and the applicable law.
Source: Regulation (EU) 2022/2065 of October 19, 2022 on a Single Market For Digital Services, OJ L 277, October 27, 2022, Articles 17, 19, 24 and 52. This page is for information only and does not constitute legal advice.
Frequently asked questions
What is a DSA statement of reasons?
It is the explanation that Article 17 of Regulation (EU) 2022/2065, the Digital Services Act, requires you to give a user whose content is removed, has access to it disabled, is demoted or has its visibility restricted, and also when an account, the service or monetary payments are suspended.
Does a news site that moderates its comments have to comply?
Yes. As soon as it stores comments posted by its readers, it acts as a provider of hosting services for that content. Article 17 applies to all providers of hosting services, including small businesses.
Do I need a statement of reasons for every removed comment?
Yes, for every restriction imposed because the content is illegal or incompatible with your terms and conditions, provided you know the author's electronic contact details. The obligation does not apply to deceptive high-volume commercial content, nor to orders from authorities under Article 9.
Do statements of reasons have to be sent to the European Commission?
Providers of online platforms must submit their decisions and statements of reasons to the Commission, without undue delay, for inclusion in a publicly accessible database, without any personal data (Article 24(5)). Micro and small enterprises are exempted by Article 19, unless they are designated as very large online platforms.
What are the penalties for non-compliance?
The DSA leaves penalties to the Member States, but caps fines for failing to comply with an obligation at 6% of the provider's annual worldwide turnover (Article 52).