Right to moderation transparency

What it is

The right to moderation transparency is the right to know how and why digital platforms (social networks, marketplaces, app stores) moderate content: why they remove or restrict your content, suspend or close your account, reduce the visibility of your posts (shadow ban), exclude your products from a marketplace or your app from a store.

What it covers

• The rules: which content is prohibited and with what consequences.
• The processes: how decisions are made (people? algorithms? AI?).
• The numbers: how much content is removed, for what reasons, with what error rate.
• Your rights: how you can challenge decisions.

Before the DSA, platforms were “black boxes”: they removed content and banned users without clear explanations or public data.

After the DSA, transparency on rules, processes and statistics is mandatory, to make moderation understandable, predictable and contestable.

Three levels of transparency

• Ex ante (before): clear policies on what is allowed and what is not.
• Ex post (after): a detailed explanation when your content is removed.
• General: periodic public reports with aggregate statistics.

For all platforms

The right applies with increasing intensity depending on the size of the platform. These are the obligations that apply to all of them.

1. Clear terms and conditions (DSA Art. 14)

Platforms must publish terms and conditions that explain:

Content restrictions

• what is prohibited (hate speech, nudity, violence, spam, false news);
• with precise definitions: it is not enough to write “hate speech is prohibited”, they must explain what they mean.

Consequences of violations

• warning;
• removal of the content;
• temporary suspension;
• permanent ban;
• graduated enforcement.

Enforcement policies

• preventive or reactive moderation;
• algorithmic, human or mixed;
• exceptions (for example violent content allowed in an educational context).

The complaints system

• how to appeal;
• the link to the complaint form;
• response times.

Dispute resolution

• the certified ADR bodies available.

Requirements for terms and conditions

• easily accessible (a visible link from the homepage);
• clear language, without obscure legalese;
• regularly updated, with a log of changes.

A compliant example: Facebook’s Community Standards (transparency.fb.com/policies). For each category (such as “Violence and incitement” or “Adult nudity”) they set out definitions, examples of prohibited content, exceptions (breastfeeding, protest, art) and graduated sanctions.

2. Statement of reasons (DSA Art. 17)

When they remove your content, platforms must send you a notice stating:

• A) the specific reason;
• B) the facts relied on;
• C) whether the decision was automated or taken by a person;
• D) the consequences;
• E) the redress options available to you.

For very large platforms (VLOPs, over 45 million users in the EU)

1. Half-yearly transparency reports (DSA Art. 24)

VLOPs must publish data on their moderation activity every six months.

2. Transparency of recommender systems (DSA Art. 27)

They must explain how the algorithms that decide what you see work:

• A) the main ranking parameters;
• B) the options that let users change them;
• C) a non-algorithmic feed option;
• D) transparency on individual content: every suggested post must have a “Why am I seeing this?” link.