Coimisiún na Meán’s investigations team yesterday announced it will investigate whether X has contravened Article 20 of the EU Digital Services Act (DSA), which relates to content moderation decisions.

Article 20 of the DSA states that users must be provided with access to an effective internal complaint-handling system that allows them to lodge complaints (effectively an appeal) against certain decisions taken by the platforms, e.g. whether or not to remove or disable access to content or to suspend or terminate accounts.

The investigation arises from concerns held by Coimisiún na Meán’s platform supervision team, supplemented by information provided by an NGO called HateAid and a user complaint.

John Evans, digital services commissioner at Coimisiún na Meán, said: “Following our supervision of X and analysis of information gathered from a variety of sources, there is reason to suspect that X may not be in compliance with their obligations under Article 20, in particular Article 20(1) and Article 20(3) of the DSA.

“This investigation will assess if X has properly informed users of their rights to contest decisions it makes after users report content that they believe violates X’s terms of service.

“Users must be made aware of the platform’s decision and the right to appeal. The right to appeal a decision is an essential right and a cornerstone of the DSA.”

If X is found to be in violation of the DSA, Coimisiún na Meán can apply an administrative financial sanction, including a fine of up to six per cent of turnover. Any fine imposed would be confirmed by either the Circuit Court or High Court.

Coimisiún na Meán and X can also enter into a binding commitment agreement, in which the provider agrees to take measures that appear to the regulator to address any issue relating to compliance.