Report illegal content

Any user (private or professional) of an online service (online platform, social network, search engine, cloud, market place, app store, etc.). who finds illegal content online can:

• report it directly to the online service;
• In case of disagreement with the response from an online platform, the user can lodge a claim.

The following online service providers must offer an easy-to-use notification and action mechanism for reporting illegal content:

• hosting services such as cloud computing and web hosting services;
• online platforms such as online marketplaces, application stores, collaborative economy platforms, discussion forums and social network platforms;
• providers of very large online platforms (VLOPs) and very large online search engines (VLOSEs)

Online platforms (including VLOPs and VLOSEs) must also offer an easy-to-use and effective complaints system enabling users to request a review of the platform's initial decision on their alert.

Content (e.g. an image, a video, a post on social networks, a comment on a discussion forum, an advert on a market place) is illegal if it infringes national or European law.

Here are some examples of illegal content and the corresponding Luxembourg legislation:

Platform users can report illegal content via the platform's notification and action mechanism (e.g. by clicking on a button next to the content).

What information must be provided in order to file a report?

The platform must allow the user to provide at least the following information:

• The reasons why he considers the content to be unlawful;
• The exact location of online content (for example, its exact URL);
• Name and e-mail address (except in the case of content relating to a sexual offence committed against minors);
• A declaration confirming that the information and allegations provided are accurate and complete.

What happens after a report is made?

If the user has provided his contact details, the platform must send to him as soon as possible:

• An acknowledgement of receipt of the report; and
• Its decision regarding the reported content, as well as the possibility of appealing against this decision.

The platform may decide to:

• Restrict content visibility (e.g.: remove it, make it inaccessible, or downgrade it).
• Restrict payments to the user who shared the content (e.g., suspend or permanently block payments);
• Restrict the supply of the service to the user involved (e.g. suspension or blocking of some or all of the platform's features);
• Take action with regard to the account of the user concerned (e.g., suspension or deletion of the user's account); and/or
• Not to act against this content.

How to challenge a platform's decision?

From the day they receive it, users who disagree with a platform's decision in response to their report (e.g. the platform decides not to take action against illegal content) have six months to lodge a claim via the platform's internal complaint-handling system.

Once a claim has been received, the online platform must process it in a timely, non-discriminatory, diligent and non-arbitrary manner.

The platform informs the user of its decision as soon as possible.

Regardless of the new decision, the platform must mention the possibility of resorting to an out-of-court dispute resolution body as well as other available remedies.

In addition to the platform’s notification and action mechanism, users can also use the BEE SECURE reporting service.

As a designated trusted flagger, BEE SECURE analyses reported content from social media and video-sharing platforms (including Facebook, X, Instagram, TikTok, YouTube and OnlyFans) and forwards it to the platform where appropriate.

The platform is required to process these reports as a matter of priority. However, it decides on the appropriate measures to be taken.

Following their claim, users who disagree with the online platform's decision may contest it before an out-of-court dispute settlement (ODS) body certified by the Competition Authority or by another European digital services coordinator.

In this context, the online platform must provide clear, easy-to-understand and accessible information on out-of-court dispute settlement options.

In addition to reporting illegal content to the online platform, the user or victim of an infringement can, if necessary, contact the relevant national authorities. Depending on their area of competence, they can take action against the perpetrator of the offence or deal with a breach of national legislation.