ACM reminds online platforms of their responsibilities during election campaigns

The Netherlands Authority for Consumers and Markets (ACM) is reminding online platforms of their responsibility for taking measures enhancing trustworthy online information during election campaigns. They need to process reports of illegal content with care. In addition, they cannot block accounts or delete content from users without notice and a clear justification to users.

Manon Leijten, Member of the Board of ACM, adds: “Large online platforms have many users. Under the Digital Services Act (DSA), they need to have a transparent and detailed policy in place regarding the content on their platforms, and need to take effective measures against illegal content. This is extra important during election campaigns. Taking such measures is not only a statutory duty, but also the social responsibility of large online platforms.”

Additional attention for the DSA during the upcoming Dutch general election

In a letter sent out in July, ACM informed 12 large online platforms (such as Facebook, Snap, TikTok, and X) about the upcoming Dutch general election in October as well as about their DSA obligations. In addition, ACM asked these platforms to respond to a questionnaire about the measures that they are taking for protecting a trustworthy online public debate during the Dutch election campaign. On September 15, ACM will organize a roundtable, especially for large platforms and search engines, other relevant authorities, the European Commission, and NGOs, in order to discuss everyone’s roles and strategies. In this way, ACM ensures that there is a clear and unequivocal interpretation of the responsibilities that follow from the DSA with an eye to the Dutch general election in late October, as well as of the measures that these platforms need to take to prevent any violations. For example, think of combating illegal hate speech, fraudulent foreign interference, and disinformation regarding the general election on their platforms.

More information and reporting illegal content

The DSA mandates very large online platforms to identify any systemic risks that follow from the design or the use of their services, and to take measures against such risks, if any. One example of such a systemic risk is a negative effect on the public debate and the election process. ACM enforces compliance with the DSA among platforms established in the Netherlands, for example in the event they do not process reports of illegal content properly. The European Commission has the exclusive power to enforce compliance with the DSA among the very large online platforms, such as TikTok, Facebook, Snap, and X. ACM works closely together with the European Commission as well as with other national and European regulators.

The DSA does not determine what is illegal on the internet. That has been laid down in other laws, such as the Dutch Criminal Code or privacy laws. What the DSA does mandate is how online platforms must deal with reports about illegal content: it must be easy for everyone to file a report, and platforms must respond quickly and explain properly what they will do with that report. ACM encourages online users to file a report with ACM if they are unable to solve an issue they have with an online platform.

More information about the role of online platforms, ACM’s duties, and rights under the DSA can be found on www.acm.nl/verkiezingen (in Dutch).

See also

• Letter to platforms regarding the 2025 Dutch general election (in Dutch)
• Elections and online platforms (in Dutch)