What can you do if your account has been deleted or restricted on a social media platform?
On a social media or video-sharing platform, your account may be deleted, suspended or some content may be restricted. The EU’s Digital Services Act (DSA), which sets out both the rights of users and the obligations of platforms, has an important role to play in dealing with such situations.
What does the DSA regulate and why is it important to you?
The Digital Services Act (DSA), adopted in 2022 and fully applicable from 17 February 2024, aims to create a safer, more transparent and predictable online environment in the European Union.
A key aim of the Act is to make the fight against illegal content and products more effective in the online environment and to give EU citizens the tools they need to exercise their fundamental rights, such as freedom of expression, more freely in the online environment. To this end, the DSA requires platforms to act transparently when moderating content and to provide a mechanism for internal complaint handling.
It is important to emphasise that content moderation remains the responsibility of online platform providers; however, in doing so, they must comply both with the rules they have established in their own terms of service and with the provisions of the DSA governing their procedures. It should also be borne in mind that the DSA does not define what constitutes illegal content, but obliges service providers to investigate reports and take action where necessary.
What can you do if the platform has restricted your account or content?
If your account has been deleted, suspended or your content restricted and you disagree with the decision, the first step is to use the platform’s internal complaints handling system.
Submit a complaint to the platform
- You can lodge a complaint within 6 months of the decision
- It is important to document every step of the entire complaint reporting process, including the submission of the complaint and the responses received (for example, by taking screenshots showing the sender, the recipient, the date and the content of the letters)
- The platform is obliged to give reasons for its decision and inform you of further remedies available to you
Under the DSA, platforms must operate an internal complaint-handling system that allows users to challenge content moderation decisions (such as the restriction of an account or the removal of content).
What happens if you do not get a satisfactory answer?
It may happen that the procedural and remedial options available under the platform’s internal complaint-handling system do not yield results, for example because the platform fails to respond or because its response does not meet the requirements of the DSA. In this case, you have several other options.
Judicial and alternative dispute resolution
You can take legal action against the platform’s decision, and you can also seek out-of-court dispute resolution.
In Hungary, the Online Platform Dispute Resolution Body (OPVT) provides such a possibility as a certified out-of-court dispute resolution body. The procedure may be faster than going to court, but the OPVT cannot take a binding decision without the platform’s consent.
Submitting a complaint to the authority
If you believe that the platform’s conduct does not comply with the requirements of the DSA, you may file a complaint with the President of the National Media and Infocommunications Authority, who acts as the Digital Services Coordinator in Hungary.
It is important to know that the President of the NMHH is not always authorised to act directly. If the President does not have jurisdiction or subject-matter competence over the service provider operating the relevant online platform (such as in the case of social media platforms), and the complaint gives rise to a probable violation of the DSA, the President will forward it to the Digital Services Coordinator in the country where the platform provider is established.
What can you do to prevent problems?
Many account-related problems can be prevented by a conscious, responsible online presence.
Before posting any content, you should check that it complies with the platform's terms of use and community guidelines, which may change from time to time.
Avoid sharing content that is hateful, harassing, discriminatory or violent, and pay particular attention to the protection of minors and respect for copyright.
Online safety is also important: it is recommended that you avoid clicking on suspicious links and refrain from sharing content of dubious origin or that may be harmful.