Introduction
In a significant move towards enhancing online safety and user rights, a new independent body has been unveiled to decide disputes between social media firms and their users in the EU. The “Appeals Centre Europe”, based in Dublin, could mark a significant change in how content moderation disputes are resolved, shifting power towards users.
However, the Appeals Centre is not fully ready, with recruitment and training still to be completed and details around structure still to be ironed out. The objective is to achieve a full launch by late 2024 and start receiving appeals through their website from people and organisations by the end of the year. The Appeals Centre also does not have jurisdiction over all social media, initially only settling disputes on Facebook, TikTok, and YouTube.
DSA out-of-court dispute settlement body
The Appeals Centre is a direct result of the EU’s Digital Services Act (DSA). Specifically, Article 21 introduces the concept of out-of-court dispute settlement (ODS) bodies. These bodies will be private organisations that review moderation appeals and make non-binding decisions based on the platform’s policy.
The idea of the Appeals Centre is not completely new to those who have been following the work conducted by the Meta’s Oversight Board. Founded in 2020, the Oversight Board is an experimental court of journalists, analysts, and experts empowered to investigate Meta’s handling of controversial posts. It has tried to extend its area of work beyond Meta for some years, without success.
The Oversight Board Trust has now decided to provide a one-time grant for the centre, but once the Appeals Centre is established, it will take payments from users and companies. While platforms pay a fee of EUR 100 in connection with every case, users who appeal will only pay a nominal fee of EUR 5, which is refunded when the Appeals Centre rules in their favour.
Thomas Hughes, formerly the Oversight Board chief, will be CEO of the new body. The Appeals Centre will operate with an in-house team of experts to resolve disputes, applying human review to every case. Complex cases will be reviewed by specialists with expertise in specific regions, languages, or policy areas.
While the Appeals Centre will provide independent judgments, its decisions are not legally binding. Platforms retain the right to refuse engagement with the dispute settlement body.
Balancing optimism with caution
While the Appeals Centre represents a significant step towards user empowerment, some concerns have been raised.
- Impartiality: Given its initial funding connection to Meta, and that some of its staff used to be part of the Oversight Board, the Appeals Centre will have to build trust among users to ensure and demonstrate its independence.
- User Trust: Measures may have to be implemented to build confidence and awareness among users, encouraging them to bring forward their claims.
- Clarity on the process: It is still not clear how users will be able to raise their claims, nor how friendly and self-explanatory the online process will be.
- Effectiveness: Without binding decision-making power, how impactful can the centre truly be in holding platforms accountable?
As the Appeals Centre prepares for its late 2024 launch, these questions remain at the forefront of public discourse. The success of this initiative will largely depend on its ability to navigate these challenges while providing a valuable service to EU citizens.
The Appeals Centre represents a bold experiment in digital governance. Its evolution and impact will undoubtedly shape the future of online content moderation and user rights in the European Union and potentially beyond.
Access Partnership closely monitors online safety regulations around the world. To learn more about the EU Appeals Centre or other regulatory issues, please contact Sofia Tirini at [email protected].
