Below are some examples of complaints you can file with the BIPT about the way online intermediaries, including online platforms or search engines, approach or treat you.
Under the DSA, online intermediaries have to take action notably when potentially illegal content is reported to them. They also have to remove content that violates their own terms and conditions and clearly state the guidelines they follow in doing so. Furthermore they have to explain to the person posting the info online why they are removing it. If an online intermediary does not comply with these obligations, you can lodge a complaint with the BIPT.
However, you cannot submit a complaint to the BIPT about what you consider to be harmful, offensive, illegal, ... content. For that, you can:
- submit a notice to the online service/platform or search engine itself (which has to investigate and provide a concrete answer).
- file a complaint with the competent authorities. For example, go through the step-by-step plan on ConsumerConnect (for consumers) or on Report (for businesses). Or report it to the Police.
A few examples:
| I can file a complaint for an alleged violation of the Digital Services Regulation (DSA) with the BIPT because of: | I cannot file a complaint for violation of the DSA with the BIPT because of |
|---|---|
|
The inability to (easily) contact the platform to report hate messages, child pornography, ... |
Hate messages that someone sends me or child pornography that I have seen but have not yet reported to the platform or the authorities |
|
No response (or much too late) to my notice regarding online bullying. |
Cyberbullying. |
|
Failure to provide information on the follow-up the platform gave to a court order regarding a criminal offence (such as defamation and libel). |
Defamation and libel. |
|
Suspending or deleting my social media account without explanation or justification. |
Alleged copyright infringement. |
|
Removing the content of my website from the search results of a search engine or online marketplace, without a specific/clear/complete/... explanation |
Offering prohibited products online, such as drugs, weapons, dangerous toys... |
|
Failure of the platform to take measures to prevent minors from encountering material not suitable or intended for them through the platform. |
The creation of child pornography. |
|
Lack of information by the platform about illegal products or services sold through its platform, or about the possibilities for reimbursement or refund, ... |
Scams and other fraudulent practices. |
|
The platform specifically targets advertising at minors based on profiling with data obtained from the platform. |
Failure to comply with the general rules of data protection (GDPR). |
|
... |
... |
For your individual case, it is best to complain to the platform to have your problem re-examined (if that has not already been done).
You can also request a review by an independent dispute settlement body; the online intermediary should inform you of the body with whom this can be done for its decisions.
The main purpose of filing a complaint with the BIPT is to raise systematic infringements with the online platform or search engine.
Filing a complaint with the BIPT
Open the complaint form.
Fill it out as best you can and send it, along with the proof you wish to submit, to complaintdsa@bipt.be.
Please note that you cannot submit individual complaints here about what you perceive as harmful, offensive, illegal, ... Content. The complaint has to be about the carelessness of the online platforms, e.g. in receiving notices or in designing their interface (apart from notices, that is).
For your information, within the complaint form you will find a number of more concrete categories of complaints. Find the category that is as close to your situation as possible. Some obligations only apply to certain online service providers. We do not ask you to assess this yourself. The BIPT will investigate the type and size of the online provider, possibly together with other competent authorities.
I’ve filed my complaint. What’s next?
First, as a Coordinator, the BIPT will indicate who is competent to follow up the complaint.
This can be the BIPT itself, but also:
- one of the media regulators VRM, CSA or MEDIENRAT;
- an authority in another European Member State (when the provider is not established in Belgium or when a non-European provider has not appointed a Belgian legal representative);
- the European Commission (in the case of large platforms or search engines).
If the BIPT is not itself the competent authority, it shall forward the complaint.
The competent authority decides on the follow-up of your complaint. Depending on the situation, a complaint can be treated as:
- information for statistical purposes
- a notice that together with other complaints results in an official investigation
- a notice that on its own leads to an official investigation
- ...
Official investigations may lead to an administrative fine or other measures (e.g. drawing up an action plan to stop violations, a penalty payment, suspension of the service (if other measures have not helped), ...).
Should you have any questions, please contact us at complaintdsa@bipt.be. It is best to mention the file number you were given.