The first trusted flagger appointed under the DSA in Italy
The primary objective of the Digital Services Act (the "DSA") is to establish a safe and reliable digital environment for consumers, by safeguarding their rights and enhancing online security. Another key goal of the DSA is to counter the spread of illegal content, the manipulation of information and the dissemination of misinformation.
A fundamental provision of this regulatory framework is the establishment of “trusted flaggers,” provided for in Article 22 of the DSA; these are organizations are designated based on their specialized expertise in detecting illegal content online. Because of their trustworthiness, pursuant to Article 16, the DSA grants priority to notifications submitted by trusted flaggers to online platforms.
On January 22nd the Italian Communications Authority (AGCOM) – the digital services coordinator for Italy – officially appointed Argo Business Solutions S.r.l. as the country’s first trusted flagger in Italy under the DSA.
Argo Business Solutions is a company specialized in digital security services and has been recognized for its expertise in fighting intellectual property rights infringements and online fraud. In its capacity as trusted flagger, Argo will be responsible for identifying and reporting illegal content to online platforms, which are required to process these reports swiftly and effectively. The appointment is valid for three years, with the possibility of renewal contingent upon Argo’s continued compliance with the necessary criteria.
1. Notice and take down mechanism under the DSA
As mentioned, the trusted flagger plays a pivotal role in the application of the DSA, particularly for the purposes of activating the notice and take down mechanism pursuant to art. 16 of the DSA.
This provision mandates that hosting service providers establish accessible mechanisms that allow individuals or entities to report content that are deemed to be illegal.
A notice submitted under this framework must include a detailed explanation of why the content is considered illegal, accompanied by its precise electronic location, such as specific URLs. Furthermore, the notice must contain the name and email address of the notifier, except in cases covered by Articles 3 to 7 of the Directive 2011/93/EU. Additionally, the notifier is required to submit a good-faith declaration confirming that the accuracy and completeness of the information and allegations provided.
It is worth pointing out that, under the DSA, a notice constitutes actual knowledge or awareness if it enables a diligent hosting service provider to identify the illegality without the need of a detailed legal assessment. Moreover, if the notifier provides electronic contact details, the provider must promptly acknowledge receipt of the notification and inform the notifier of its decision regarding the reported content, including any available remedies.
Hosting service providers are required to process all notices in a timely, diligent, non-arbitrary, and objective manner. If automated systems are used for processing or decision-making, the provider must disclose this information in its notifications.
2. Trusted flaggers
As mentioned, trusted flaggers play a key role in detecting and reporting illegal content online. Pursuant to Article 22 of the DSA, these entities are designated by the digital services coordinators of each EU Member State. To qualify for such designation, an entity must (i) demonstrate specialized expertise and efficiency in detecting, identifying, and notifying illegal content; (ii) maintain independence from online platform providers; and (iii) conduct its activities with diligence, accuracy, and objectivity. Upon accreditation, online platforms are obligated to prioritize the processing of notices submitted by trusted flaggers, reflecting the presumption of reliability associated with their assessments.
The DSA requires trusted flaggers to publish – at least once a year – easily comprehensible and detailed reports of notices submitted in accordance with Article 16. These reports, in addition to including details of the procedures undertaken by the organization to ensure that its independence is maintained, should list at least the number of notices categorized by:
(a) the identity of the hosting services provider;
(b) the type of allegedly illegal content notified; and
(c) the measures taken by the provider in response.
Those reports must be submitted to the relevant digital services coordinators responsible for granting the designation and must also be made publicly available.
To maintain their accreditation, trusted flaggers must continuously demonstrate compliance with the requirements established by the regulation. If a trusted flagger fails to meet the requirements, the digital services coordinator has the power to revoke its status. In this respect, a significant role can be played by the providers of online platform: if an online platform identifies a substantial number of reports from a trusted flagger that are imprecise, inaccurate or inadequately substantiated as per Article 16 such instances may prompt an investigation by the relevant authorities. Depending on the findings, the trusted flagger's status could be suspended or even revoked.
As of today, the implementation of the trusted flagger system varies across the EU Member States. A list of currently designated entities is available here.
3. Conclusion
The appointment of trusted flaggers such as Argo Business Solutions is expected to increase the effectiveness of content moderation on online platforms in Italy. By providing a structured mechanism for reporting illegal content, AGCOM seeks to strengthen the responsiveness of platforms to harmful material, thereby promoting a safer digital environment for users. This initiative is in line with wider European efforts to regulate digital services and hold platforms accountable for the content they host.
