Right to flag illegal content

What it is

The right to flag illegal content is the right to formally notify platforms of content that constitutes a criminal offence or breaks the law, obliging the platform to:

• examine the notice quickly;
• decide whether to remove or restrict the content;
• tell you its decision and give reasons;
• act promptly on manifestly illegal content.

Generic reports vs DSA notices

The generic “Report” button

• You report a breach of a platform policy (hate speech, nudity, spam).
• Policies are the platform’s internal rules.
• The platform decides at its discretion.

The illegal-content notice (DSA Art. 16)

• You report a breach of the law (a criminal offence or a regulatory breach).
• Illegal means contrary to Italian or European law.
• The platform is obliged to assess it quickly.
• If the content is manifestly illegal: immediate removal.
• It is a formal procedure with precise obligations.

The obligations of the platform receiving a notice

Rapid examination

• A timely assessment of whether the content is illegal.
• Manifestly illegal content (for example child sexual abuse material): immediate removal.

A reasoned decision

• If it removes the content, it informs both the person who reported it and the person who posted it.
• If it does not, it explains why it considers the content lawful.

Cooperation with the authorities

• Notices from the police and public prosecutors get top priority.
• There is an obligation to cooperate with investigations.

What you can report

1. Offences against the person

• Defamation (Art. 595 Criminal Code): damage to reputation, attribution of a dishonourable fact, communication to several people.
• Threats (Art. 612 Criminal Code): threatening unjust harm, via message, comment or post.
• Harassment and stalking (Art. 612-bis Criminal Code): persecutory behaviour, insistent messages, online stalking that causes anxiety and fear in the victim.
• Revenge porn (Art. 612-ter Criminal Code): distribution of sexual images or videos without consent, even if the person originally consented, to harm, blackmail or humiliate.
• Incitement to suicide (Art. 580 Criminal Code): inducing or reinforcing someone’s intention to take their own life, or even just facilitating it.

2. Offences against minors

• Child sexual abuse material (Art. 600-ter Criminal Code): images or videos of under-18s in sexual contexts; production, distribution, possession.
• Online grooming (Art. 609-undecies Criminal Code): online contact with a child under 16 in order to commit sexual offences, even just proposing a meeting.

3. Offences against property

• Online fraud (Art. 640 Criminal Code): Ponzi schemes, fraudulent investment promises, phishing (credential theft).
• Computer fraud (Art. 640-ter Criminal Code): tampering with IT systems to obtain an unjust profit to someone else’s detriment.

4. Offences against public order

• Incitement to commit crimes and apology of crime (Art. 414 Criminal Code): public incitement to commit crimes, praise of serious crimes.
• Racist propaganda and incitement to hatred (Art. 604-bis Criminal Code): propaganda based on racial superiority; incitement to discrimination or violence on racial, ethnic or religious grounds.
• Apology of fascism (Scelba Law): apology of fascism or Nazism, use of fascist symbols.
• Terrorism: terrorist propaganda, recruitment, incitement to terrorist acts.

5. Copyright infringements

• Piracy (Law 633/1941): films, TV series, music and books shared illegally; pirated software; illegal streaming of protected content.
• Counterfeiting: fake products passed off as originals; unauthorised use of registered trademarks.

6. Privacy violations

• Personal data disclosed without consent (GDPR): names, addresses and phone numbers published; private photos shared without consent; sensitive data exposed (health, sexual orientation).

7. Content that breaches specific rules

• Misleading advertising: false claims about products, fake testimonials, manipulated before/after photos.
• Sale of illegal products: drugs, unlicensed weapons, prescription drugs without a prescription, forged documents.