Meta, a key player in the new technology industry which is specialized in the development of digital platforms, owes its success to three social media platforms: Facebook, Instagram and WhatsApp. In 2024, after numerous convictions and fines up to 91 million euros, Meta announced a new alternative dispute resolution body: the Appeal Center Europe. Its aim is to meet the new requirements set out in the Digital Service Act (DSA) and to redefine the balance of power between very large digital platforms and their users.
First of all, what is the Digital Services Act ?
The DSA is a European regulation that aims to create a safer and more transparent online environment by holding digital platforms accountable for the content they host. It was adopted by the European Union and came into effect in 2023, with the purpose of digital services, particularly large online platforms, taking more responsibility for content moderation, user protection and transparency. The DSA requires online platforms to consider the impact of their services on significant issues, such as fair elections, public safety, the mental and physical well-being of users, and gender-based violence. Providers covered by the regulation include “Very Large Online Platforms”, known as VLOPs – those with over 45 million monthly active users in the European Union – and “Very Large Online Search Engines”.
Meta, within the scope of the regulation
With its large number of users, Meta is inevitably affected by the provisions of the DSA. This regulation introduces stricter rules for the VLOPs. These platforms must assess and mitigate systemic risks associated with illegal content, disinformation and fundamental rights violations, conducting annual risk assessments to identify threats like election interference or the propagation of harmful content. Additionally, they are required to ensure transparency in content moderation by clarifying their policies and undergoing independent audits to comply with DSA regulations.
Another key obligation is advertising transparency : platforms have to disclose ad sponsors, targeting criteria and provide users greater control over personalized advertising.
Despite these rules, since the regulation came into force, Meta remains heavily criticized for inadequate content moderation and verification. It is still the most sanctioned platform by the European Commission with over 2,5 billion US dollars in fines. Its main breaches regard moderation and child protection. In light of these concerns, the European Commission initiated formal proceedings against the company in May 2024, with the aim of investigating the company’s measures to protect minors on social networks, particularly on Facebook and Instagram.
To further comply with the regulation and avoid potential sanctions, Meta has announced the establishment of an independent platform dispute resolution body: the Appeal Center Europe.
What is the Appeal Center Europe ?
This new organism has been conceived to meet the requirements of the European Commission, with the overarching objective of enhancing the transparency and accessibility of digital tools for their users. It will be in charge of resolving disputes concerning European users on these platforms such as Tiktok or Facebook, in order to fight against misinformation.
This governance will be funded by the Meta Supervisory Board, called “Oversight Board” set up in 2020 in the USA. This board is made up of 20 international members, including journalists, lawyers, human rights activists and former politicians. Its mission is to guarantee an independent supervision of Meta’s content moderation. This “court” will have the discretionary power to remove or maintain any online content reported by a user. Even if this body is presented as independent, it has no binding powers. Its role is limited to making recommendations concerning the preservation or removal of content on its platforms. The Appeal Center will resolve disputes from individual users regarding policy enforcement by Facebook, Tiktok, and YouTube within the European Union.
Criticism from the outset
Following the announcement of this new extra-judicial body, criticisms began to emerge. The Appeal Center, set up in Ireland, has recently been certified by the Irish Media Regulatory Authority under article 21 of the DSA. This authorizes the referral of disputes concerning decisions taken by platforms to extrajudicial bodies. It also stipulates that it must be “impartial and independent, including financially independent of online platforms and the recipients of the service provided by online platform providers”.
Despite this, concerns about independence and impartiality rise. Indeed, this new body relies on a 15 million euros investment from the Oversight Board. However, Thomas Hughes, CEO of Appeal Center Europe and former oversight board chief, has explained that the solution would be temporary, and that the funding from the Oversight Board was only intended for the launch of the structure. Thereafter, the organization would have to operate on nominal membership fees and a contribution from the body’s users and the companies concerned. Finally, critics believe that these decision-making mechanisms and the communication of solutions may lack clarity, making it difficult to assess the fairness of processes.
It will be interesting to see how this new form of appeal develops, as the Appeal Center Europe, which was launched in October 2024, is expected to become operational by the end of 2025.
Clara Castillon
M2 Cyberjustice – Promotion 2024/2025
Sources
- Appeal Center Europe: Meta, changement ou manœuvre face aux avertissements de Bruxelles ? – Portail de l’IE
- Statements from the Oversight Board Trust and Oversight Board Members on the announcement of the Appeals Centre Europe | Oversight Board
- EU creates ‘Appeals Centre’ to referee disputes with social media giants
