ABSTRACT

The activities of social media platforms present a wide array of risks to fundamental rights of their users. It is crucial to ensure that individuals can obtain redress for infringements of their rights and freedoms in the digital environment. Injured persons are largely dependent on platforms that possess nearly exclusive capabilities to take action on illegal or harmful content or reinstate wrongfully removed materials. To address this concern, the EU legislator has undertaken to empower users to bring complaints before platforms. However, it is unclear whether a complex maze of legislative instruments would truly allow individuals to obtain an eff ective remedy. Additionally, the new perspective on user redress in the online sphere gives rise to the pressing question whether platforms should be entrusted with the demanding task of reviewing and resolving user complaints. This contribution examines the evolution of user redress mechanisms in the digital environment from a European perspective. First, it clarifies why the right to an effective remedy, as guaranteed by the Charter of Fundamental Rights of the EU and the European Convention of Human Rights, is largely dysfunctional in the online context. Then, the contribution critically analyses the EU secondary legislation which shapes a progressive approach to the means of user redress in the digital sphere. The contribution proceeds to explore notice and action mechanisms, internal complaint-handling systems, and out-of-court dispute settlement procedures envisioned under the Digital Services Act. In conclusion, the contribution points to the pitfalls of treating platforms as ‘judges of online legality’ and reflects on the remaining complexities regarding the right to an effective remedy in the digital dimension.

INTRODUCTION

Over the last decade, social media platforms have become key actors in the digital environment. Hailed as ‘the new governors’ and ‘the custodians of the Internet’, they are constantly expanding their influence over the online sphere by providing a wide array of information services and intermediating user-touser communications. The advent of platforms has revolutionised the means of producing and distributing information. They provide political activists with unique opportunities to attract and connect with their audiences, enable entrepreneurs to gain new tools to grow their businesses, and help make the voices of marginalised communities heard.