Trusted Flaggers in the DSA: Challenges and Opportunities

On 21 November, CDT Europe and EU DisinfoLab organised a webinar on Article 22 of the Digital Services Act (DSA) as a follow-up to a workshop from CDT Europe’s Civil Society Roundtable on ‘Vetting Key Stakeholders’. With more than 30 participants, this webinar brought together an array of key stakeholders, including the European Commission, Digital Services Coordinators (DSCs), vetted trusted flaggers, and organisations aspiring to achieve trusted flagger status. The event provided a platform for an exchange of perspectives, exploring the challenges and opportunities associated with the trusted flagger mechanism introduced by the DSA. 

The goal? To foster understanding and support knowledge-building for CSOs with the aim to ensure that the trusted flagger system remains transparent, effective, and inclusive. 

The Trusted Flagger Framework: A Brief Overview

The DSA represents a groundbreaking shift in how the EU regulates digital platforms. It imposes asymmetric due diligence obligations on online platforms depending on their size and impact. Article 22 focuses on so-called ‘trusted flaggers’ — entities equipped with specialised expertise in flagging illegal content. These flaggers benefit from priority processing of their reports, a feature designed to enhance the removal of illegal content, while safeguarding freedom of expression.

In what follows, we have summarised the key insights from the webinar.

Challenges in Implementation

• Resource Constraints: Civil society organisations (CSOs), often the main applicants for trusted flagger status, face significant resource limitations. The process of applying for certification is time-consuming and requires extensive documentation to demonstrate independence, diligence, and accuracy. Specific measures for improvement were identified during the webinar.
• Misinformation and Public Perception: Trusted flaggers have been the target of disinformation campaigns. Some narratives portray them as “censorship machines,” stirring public skepticism about their role. Clear communication about their purpose — strictly targeting illegal content — remains essential to counter these misconceptions.
• Low Uptake: With only 15 trusted flaggers certified so far, the system is still underutilised. Potential applicants cited the burdensome certification requirements, lack of clarity on a process that is still being developed and uncertainty about the tangible benefits of trusted flagger status as significant barriers to participation. Overcoming these challenges will be key to unlocking the full potential of the trusted flagger mechanism.

Opportunities Ahead

Despite these challenges, the DSA’s trusted flagger framework offers numerous opportunities that could strengthen the fight against illegal online content across the EU:

• Institutionalisation of Relationships: One of the key benefits of the DSA’s approach to trusted flaggers is the (legally mandated) formalisation of relationships between CSOs and online platforms. This structured interaction ensures greater consistency and reliability in content moderation practices.
• Enhanced Efficiency: The priority processing of reports by trusted flaggers allows for faster action on illegal content. This is especially critical in cases like image-based abuse and online gender based violence, where rapid intervention is necessary to mitigate harm.
• Cross-Border Reach: Trusted flagger certification in one EU member state enables organisations to operate across all EU platforms. This wide-reaching capability increases their impact and strengthens the effectiveness of content moderation efforts.
• Recognition of Expertise: Trusted flagger certification serves as recognition of the organisation’s expertise and competence in addressing specific forms of online harm. This validation can enhance the organisation’s credibility and visibility in their field.
• Improved Transparency: Platforms often provide more detailed feedback to trusted flaggers regarding flagged content and the actions taken. This transparency enables organisations to better understand platform policies and the impact of their flagging efforts, fostering a more productive relationship.
• Potential for Broader Impact: As trusted flaggers, organisations can contribute to shaping better practices in content moderation by sharing insights and trends observed through their work. This collaborative approach can lead to systemic improvements in handling online harm.

Key Recommendations 

1. The Need for Sustainable Funding
   Participants consistently emphasised the importance of adequate funding to enable CSOs to fulfill the responsibilities of trusted flagger status. While some EU grants support specific sectors, broader funding mechanisms are needed. Without financial sustainability, many organisations cannot afford the infrastructure required for compliance or the human resources to handle the increased workload.
   
2. Ensuring Adequate Communication
   Misinformation campaigns against trusted flaggers pose a real threat to their credibility. Developing a proactive communication strategy that clearly defines their role in addressing illegal — not inconvenient — content is essential. Drawing inspiration from the experiences of fact-checking organisations could help trusted flaggers navigate these challenges effectively.
   
3. Creating a Working Group for Coordination
   A recurring theme in the seminar was the need for a formal working group to facilitate collaboration and knowledge sharing among DSCs, trusted flaggers, and aspiring applicants. Such a group could harmonise practices across member states, provide guidance to applicants, and address systemic issues like application complexity and disinformation campaigns. While civil society can help harmonise practices and bridge gaps, however, progress depends on regulators. The European Commission made an important announcement on upcoming Article 22 guidelines, but DSCs must also clarify application processes and make sure that all relevant information is easily-accessible.

The seminar on Article 22 of the DSA underscored the potential of the trusted flagger system to improve online safety across the EU. However, realising this potential requires addressing significant structural challenges. By investing in sustainable funding, building convincing and informative public narratives, and fostering cross-stakeholder collaboration, the trusted flagger mechanism can become a cornerstone of effective, rights-respecting content moderation with possible implication also beyond the EU.

As this system evolves, the collective efforts of CSOs, regulators, and platforms will be pivotal in ensuring its success. With continued structured dialogue and action the trusted flagger model holds promise for a safer and more accountable digital ecosystem.