DSA Complaint Handling
The Malta Communications Authority (hereafter ‘MCA’) is the designated Digital Services Coordinator (hereafter ‘DSC’) for Malta. As the DSC for Malta, the MCA is empowered to ensure compliance with the Digital Services Act. Hence references to the MCA in this form refer strictly to the role of the MCA as the DSC for Malta.
This form should be used to report instances of non-compliance with the Digital Services Act (hereafter ‘DSA’) by a provider of intermediary services (hereafter ‘provider’). Before proceeding, kindly note that:
- The form is designed exclusively for complaints reporting suspected infringements of the DSA.
- If your complaint relates to illegal content (for instance, hate speech, unsafe products, or child sexual abuse material) or disputes over a provider's decision (such as content removal or account suspension), then your complaint does not constitute an infringement of the DSA which the MCA can investigate. For such complaints, this form will guide you to alternative actions that you may consider.
Once your complaint has been lodged with the MCA, the initial step involves a vetting process by the MCA to ensure that your complaint is valid and falls within the scope of the DSA. During this review, the MCA may contact you for further information or clarification to better understand the specifics of your complaint and to assess its merit. If your complaint passes this initial vetting process and is deemed to be valid, the MCA will proceed with a formal investigation.
If the provider is established in another EU member state, the MCA will pass the case to the DSC of the member state concerned.
For complaints targeting Very Large Online Platforms or Search Engines (VLOPs and VLOSEs), which are subject to more stringent obligations under the DSA, the European Commission may become directly involved. In such cases, the complaint is escalated to the European Commission for its consideration and investigation.
The MCA investigates breaches by providers established in Malta and where necessary, take such action as it may consider appropriate to ensure the provider's compliance with the DSA. Such action could range from demanding corrective measures from the provider to imposing administrative penalties for non-compliance, depending on the nature and severity of the infringement.
Throughout this process, you will be kept informed about the status and outcomes of your complaint.
What is the nature of your complaint?
Guidance for Reporting Illegal Content, Products and Activities
Handling of suspected illegal content (including products and activities) falls outside the scope of Article 53 of the DSA*. Nonetheless, addressing this issue is important, and there are specific channels available for this purpose.
Key Steps to Follow:
1. Use the Provider's Notice-and-Action Mechanism:
Under the DSA, all hosting providers (including social media platforms and marketplaces) must provide users with tools to report illegal content. Look for options like 'Report', 'Flag', or 'Help' and follow the instructions to submit your report. The provider is then obliged to review and respond appropriately to your notice.
2. Reporting to National Authorities:
In cases of serious illegal content, especially those that may require public law enforcement, such as complaints relating to child abuse or incitement, you should report your compliant to the relevant authorities.
For users in Malta, here are some key contacts:
- Child Abuse: If the content involves child abuse, use the Maltese Child Web Alert portal at https://childwebalert.gov.mt/en/Pages/report-abuse.aspx or contact the Malta Police Force (https://pulizija.gov.mt/mt/services/Pages/Report-an-Offence.aspx) to report the abuse.
- Cybercrime: For other forms of illegal online activity, such as cybercrime, contact the Malta Police Force (https://pulizija.gov.mt/mt/services/Pages/Report-an-Offence.aspx) to report abuse.
- Consumer Protection and Product Safety: For issues related to consumer protection and product safety, contact the Office for Consumer Affairs or the Technical Regulations Division within the Malta Competition and Consumer Affairs Authority (MCCAA) (https://www.mccaa.org.mt/).
Remember, timely reporting of illegal content contributes to a safer online environment for everyone. By directing your report to the appropriate channels, you are playing a crucial role in this effort.
*Art 53 of the DSA relates to the right to lodge a complaint if there is non-compliance with the DSA.
Guidance for Disagreeing with a Decision of a Provider
A disagreement with a decision made by a provider, including issues related to account termination, content removal, or moderation decisions fall outside the scope of Article 53 of the DSA*.
Nonetheless, the DSA grants you opportunities for redress. Here are some steps you can follow:
- Review the Provider's Policies: Start by reviewing the provider's terms and conditions or community guidelines. Understanding their policies might provide clarity on the rationale behind the decision of the provider.
- Use the Provider's Internal Complaint Mechanism: Under the DSA, certain providers (including all marketplaces and social media platforms) are required to have an efficient and fair internal complaint-handling mechanism. Look for options like 'Appeal', 'Dispute', or 'Help' on the platform to submit your concern. When submitting your complaint, provide a clear explanation of your disagreement and any evidence supporting your case. This mechanism is designed to offer users a way to question decisions and seek resolutions in a fair and timely manner.
- Consider Out-of-Court Settlement Options: If your issue remains unresolved after using the provider’s internal complaint mechanism, you might consider alternative dispute resolution options such as mediation or arbitration if offered by the provider.
- Seek Legal Advice: For issues that significantly impact you and where you believe your rights under the DSA or other laws have been violated, seeking legal advice might also be appropriate. Legal professionals can provide guidance on your rights and possible avenues for redress.
*Art 53 of the DSA relates to the right to lodge a complaint if there is non-compliance with the DSA.
Contact Information
For more information or assistance, please contact the MCA on info@mca.org.mt.