Rules of Procedure

Introduction

Appeals Centre Europe (Appeals Centre) is an independent out-of-court dispute settlement (ODS) body, certified as expert, impartial, and independent by the Coimisiún na Meán (Ireland’s commission for regulating broadcasters and online media) under Article 21 of Regulation (EU) 2022/2065, known as the Digital Services Act (DSA).

If you wish to dispute a content moderation decision which Facebook, TikTok or YouTube has made regarding a piece of content that you have posted or a piece of content that someone else has posted (users), and you meet the other eligibility conditions set out on this page, you may submit a dispute to the Appeals Centre through the user portal on the Appeals Centre website (website).

After you have submitted a dispute, the Appeals Centre’s case reviewers will review the platform’s decision and issue a decision as to whether that decision was made in line with the platform’s terms and conditions. The platform must engage with the Appeals Centre in good faith, and the Appeals Centre’s decision may result in the platform overturning its prior decision about your content.

This page sets out the procedures to be followed by the Appeals Centre when handling disputes.

Is my dispute eligible for review?

You will be asked to complete a short eligibility questionnaire as part of the process for submitting your dispute through the website.

In order for your dispute to be eligible for review by the Appeals Centre, the following criteria must be met:

1. You must be located in an EU Member State.
2. The platform’s (Facebook, TikTok or YouTube) decision being disputed must meet all the following criteria: a. Timing – When did the platform make its decision?
   1. Timing – When did the platform make its decision?
      1. If the platform made its decision within the past six months, you may proceed with your dispute.
      2. If the platform made its decision more than six-months ago, you cannot submit your dispute.
   2. Preferred Language – Are you comfortable communicating in one of the six operating languages of the Appeals Centre: English, French, German, Spanish, Italian or Dutch?
      1. If yes, then you may proceed with your dispute in one of the six languages, noting that this does not restrict your ability to submit content in other languages. Note, your dispute decision will be provided in the language you select.
      2. If not, then you cannot proceed with your dispute at this time. The Appeals Centre intends to expand its operational language coverage over time and will update these procedures when that occurs.
   3. Content Type – What type of content can be raised to Appeals Centre?
      1. Individual pieces of content such as videos, photos, text posts, comments are disputable to the Appeals Centre.
      2. Content involving account restrictions and/or group restrictions which require a review of multiple pieces of content are not disputable to the Appeals Centre at this time. The Appeals Centre intends to expand its ability to cover these additional content types over time and will update these procedures when that occurs.
   4. Grounds for Decision – What was the reason given by the platform for their decision?
      1. Each platform has terms and conditions that apply to all users on their platform. If content posted on the platform violates these terms and conditions, platforms will take an enforcement action. This enforcement action by platforms can generally be raised to the Appeals Centre.
      2. In addition to platform terms and conditions, content posted may also be illegal. The legality of content posted on platforms cannot be raised to the Appeals Centre.
   5. Enforcement Action – What type of platform decisions am I permitted to dispute to the Appeals Centre?
      1. ‘Take Down’- If a platform removes content, this is called a ‘take down’ and you may submit a dispute.
      2. ‘Keep Up’- If a platform keeps up content that you have requested be removed, this is called a ’keep up’ and you may submit a dispute.
      3. There are other forms of enforcement actions such as demotions, geoblocking, and the application of a warning screen. At this time, these other forms of enforcement action are not disputable to the Appeals Centre. Should these other forms of enforcement action become disputable to the Appeals Centre, these procedures will be updated.
   6. Violating Policy – Which of the terms and conditions did the platform reference in making their decision?
      1. The following terms and conditions are disputable to the Appeals Centre (platform terminology may vary): Misinformation, Suicide & Self Harm, Bullying & Harassment, Hate Speech, Dangerous Activities & Challenges, Violent & Graphic Content, Violence & Incitement, Dangerous Orgs & Individuals, Adult Nudity, Sexual Content, Language & Services, Regulated Goods & Services, Minor Safety, Content Policy Exceptions.
      2. The following terms and conditions are not disputable to the Appeals Centre (platform terminology may vary): Spam, Account Integrity, Cybersecurity, Inauthentic Behaviour, Scams, Fraud, External Links, Paid Content, Human & Sexual Exploitation, Child Sexually Explicit Material (CSEM), Privacy Violations, Intellectual Property, Account & Feature Specific Policies, User Requests.

Platform policy terminology provided may vary from generalised policies above. Platform specific terminology is included within the Appeals Centre’s eligibility questionnaire.

The information you provide via the eligibility questionnaire will be validated by the Appeals Centre with the relevant online platform to determine the eligibility of your case.

It is not required that you seek to resolve your dispute directly through the online platform’s own appeals mechanism (under Article 20 of the DSA) before submitting your appeal to the Appeals Centre. However, the Appeals Centre encourages you to submit an appeal to the relevant online platform before submitting your appeal to the Appeals Centre, since this may result in the platform reconsidering its decision without needing to involve a third party. As part of the eligibility questionnaire, if you have used the platform’s own internal appeals mechanism, we will ask for information regarding that appeal.

What is the applicable charge for submitting an appeal?

You will be asked to pay a fee when submitting your appeal through the Appeals Centre’s website. This fee is €5. The Appeals Centre may choose to remove or discount the fee and will provide proper notice via Appeals Centre website. The fee will be collected after completion of the Appeals Centre’s eligibility questionnaire.

The fee will be returned to you if your dispute is successful (meaning the Appeals Centre makes a decision to overturn the platform’s decision which you have challenged). In these cases, the fee will be returned to the same bank account or credit card used to pay the fee within 21 days of the receipt of your Appeals Centre decision.

The fee will also be refunded to you:

• If the Appeals Centre determines that it is not in a position to review your dispute because all available case reviewers have a conflict-of-interest in respect of your appeal;
• If the Appeals Centre is unable to review your dispute due to a technical error or any other fault of the Appeals Centre; or
• If the Appeals Centre determines that your dispute was ineligible (subject to the Appeals Centre’s policy on abuse, set out below).

The Appeals Centre reserves the right to determine, at its sole discretion, whether to retain or refund your fee in any other circumstances.

While we would not typically expect you to incur additional expenses (aside from the €5 fee) when submitting an appeal to the Appeals Centre, please note that you remain solely and independently responsible for recovering any additional expenses (beyond the €5 fee) that you incur in submitting a dispute to the Appeals Centre. Aside from the €5 fee should your dispute be successful as defined above, the Appeals Centre will not arrange for the reimbursement of any of your expenses.

What is the Appeals Centre’s policy on abuse?

Repetitive or abusive submission of a dispute can interfere with our ability to provide effective redress in legitimate cases. At its sole discretion, if the Appeals Centre determines that your dispute is repetitive, abusive or excessive, the Appeals Centre may refuse to accept it or may reject it after it has been submitted. The Appeals Centre cannot accept your dispute if it has already been resolved by competent court or ODS body, or it is currently subject to an ongoing procedure before a competent court or ODS body, and in these circumstances the Appeals Centre may reject your dispute as repetitive. If the Appeals Centre determines that you have submitted your dispute manifestly in bad faith, the Appeals Centre may not return the €5 fee you paid upon submission. Where the Appeals Centre determines appropriate, the Appeals Centre may stop accepting communications from abusive users.

• Abusive behaviour towards Appeals Centre staff will not be tolerated under any circumstances and may result in the Appeals Centre refusing to accept further disputes or communications and/or referring such behaviour to the police or other appropriate authority.

How do I submit a dispute?

Please submit your dispute through the website at this link.

When you submit your dispute, you will be asked to include:

1. Your email address;
2. The reference identification (ID) number related to the content moderation decision made by the platform you are disputing (Platforms should provide you with a unique reference identification number that can be used should you want to appeal their decision internally and to an ODS body.). If the platform does not provide a reference ID number, you will need to provide your platform username and the uniform resource locator (URL) of the content you are disputing;
3. Your responses to the Appeals Centre’s eligibility questionnaire;
4. A statement of 3,500 characters or less in support of your dispute. The statement form on the Appeals Centre website includes prompt questions to help you provide context about the content and reasons for your dispute; and
5. An attestation (by clicking a box) that your dispute is neither repetitive nor abusive as defined in these Rules of Procedure, you have not submitted your dispute to another ODS body or competent court, and that the information you have submitted in your dispute is true and accurate to the best of your knowledge.

You will also be asked to pay a fee of €5.

The information you provide in connection with your dispute will be processed in accordance with our privacy notice available here.

In what language(s) can I submit a dispute?

You can submit your dispute, including your statement, in English, French, German, Spanish, Italian or Dutch.

Please note that the content that is the subject of your dispute may be in any languages.

What is the Appeals Centre’s scope of expertise?

The Appeals Centre has expertise in the terms and conditions (content policies) of online platforms, including those designated as Very Large Online Platforms by the European Commission under Article 33(4) of the Digital Services Act, which facilitate the creation, sharing, and aggregation of content, ideas, interests, and other forms of expression through virtual communities and networks (“Social Media Platforms”).

What will the Appeals Centre do when it receives a dispute?

When your dispute is received by the Appeals Centre, you will receive an acknowledgement of receipt by email. In this email, you will receive an Appeals Centre case reference number (CRN), which will appear in all correspondence from the Appeals Centre related to your dispute. This CRN is different from the identification (ID) number you received from the platform.

The Appeals Centre is staffed by professional case reviewers. Upon receiving your dispute, the Appeals Centre will assign it to an appropriate case reviewer.

Using the platform reference ID number or username and URL and your response to the Appeals Centre’s eligibility questionnaire, the Appeals Centre will request information from the platform regarding your dispute. This information will include data to confirm eligibility of your appeal, the content at issue, and the platform’s grounds for its decision. If any of the eligibility conditions are not met, your appeal may be rejected, in which case you will receive a notification by email.

Once your dispute is deemed eligible for review, an Appeals Centre case reviewer will review your dispute including your eligibility questionnaire and the information provided by the platform to determine if the platform’s decision was made in accordance with the platform’s terms and conditions.

If a case reviewer is unable to make a decision on your dispute, the case reviewer may escalate to a reviewer with additional expertise to make a decision (for example, cases that require specialised knowledge about a given regional or cultural issue, or cases that require specialised knowledge of platform policies). When making a decision on a dispute, the Appeals Centre will apply its Normative Framework.

Appeal Centre decisions will include the outcome of your dispute (whether the platform’s decision has been upheld or overturned), and an explanation of the reasoning. You will receive a notification (at your email address) to log into the Appeals Centre website to access the decision.

You may check the status of your dispute at any time by accessing the Appeals Centre website at the same hyperlink and entering your Appeals Centre CRN or email to log-in.

What rules does the Appeals Centre apply when deciding a dispute?

The Appeals Centre will apply the relevant platform’s content policies to determine whether the platform’s content enforcement action was correct. For each relevant platform, those content policies can be found here:

https://transparency.meta.com/en-gb/policies/community-standards/

https://www.tiktok.com/community-guidelines/en/overview

https://www.youtube.com/intl/en_us/howyoutubeworks/policies/community-guidelines/

If the case reviewer is unable to reach a decision on your dispute based on the platform’s content policies, the case reviewer may escalate the case to an escalation reviewer with specialised knowledge of platform policies. When escalated for this reason, the Appeals Centre will apply its Normative Framework to your dispute, which enables the escalation reviewer to consider the platform’s stated values, principles and policy exceptions, as informed by fundamental rights standards including: EU Charter of Fundamental Rights; Council of Europe – European Convention on Human Rights; and the United Nations – International Covenant on Civil and Political Rights.

What are the potential outcomes of submitting my dispute?

The Appeals Centre may determine that your dispute does not meet the eligibility criteria set out on this page. The Appeals Centre may make this determination at any time after you have submitted your dispute. If your case is not eligible, the Appeals Centre at its sole discretion may not return the fee, for example in instances of abuse.

If your dispute is eligible, you can expect one of the following potential outcomes:

If you have brought a ‘Take Down’ dispute and are asking for the platform to restore your content:

1. Upheld Decision: The Appeals Centre may determine that the platform’s decision was correct because the content either violated the platform’s policy relied upon in the original enforcement decisions, or violated another of that platform’s policies, so should be upheld. This means your dispute is unsuccessful, and the Appeals Centre believes the platform’s original decision should stand and the content should remain off the platform.
2. Overturned Decision: The Appeals Centre may determine that the platform’s decision was incorrect because the content did not violate the platform’s policy relied upon in the original enforcement decision, or any other of that platform’s policies and should be overturned. This means your dispute is successful, and the Appeals Centre concludes the platform should reverse its decision and the content should be restored to the platform

If you have brought a ‘Leave Up’ dispute and are asking for the platform to remove a third party’s content:

1. Upheld Decision: The Appeals Centre may determine that the platform’s decision was correct because the content did not violate the platform’s policy relied upon in the original enforcement decision, or any other of that platform’s policies, so should be upheld. This means your dispute is unsuccessful, and the Appeals Centre believes the platform’s decision should stand and the content should remain up on the platform.
2. Overturned Decision: The Appeals Centre may determine that the platform’s decision was incorrect because the content either violated the platform’s policy relied upon in the original enforcement decision, or any other of that platform’s policies and should be overturned. This means your dispute is successful, and the Appeals Centre concludes the platform should reverse its decision and the content should be removed from the platform.

The Appeals Centre’s decision to overturn or uphold the platform’s decision may be based on the same policy deemed relevant by the platform when reaching its original decision or on a different policy from that same platform.

The Appeals Centre will communicate its decision to you and to the relevant platform. If the Appeals Centre determines that the platform’s decision should be overturned, based either on a disputed policy or a nondisputed policy, the fee you paid will be returned to the same bank account or credit card from which it was paid within 21 days of the Appeals Centre’s decision.

The Appeals Centre’s decisions are non-binding, and it will therefore be for the platform to decide whether or not to implement the Appeals Centre’s decision, noting that platforms must engage in good faith with the Appeals Centre and publicly report on the share of cases they do not implement.

How long will it take until the Appeals Centre makes a decision about my dispute?

The Appeals Centre will aim to make its decision available to you and the platform no later than 90 calendar days after you submit your dispute via the website, though in most cases you can expect a decision much more quickly.

If the Appeals Centre encounters unexpected delays in connection with your dispute, we will inform you via a notification on the Appeals Centre website that will be sent to the email address you provided when submitting your appeal. In a complex dispute, the Appeals Centre may extend (at its own discretion) the period before it issues its decision up to a total of 180 calendar days from the day you submit your dispute via the website.

How does the Appeals Centre select its case reviewers?

The Appeals Centre is staffed by full-time, professional case reviewers.

Case reviewers at the Appeals Centre are compensated independently from the outcome of dispute decisions. They are required to comply with the Appeals Centre’s conflicts of interest policy.

Should a case reviewer have a conflict of interest in respect of your dispute, they will be required to recuse themselves, and a different case reviewer will be assigned to your dispute. If your dispute is eligible for review, but it is not possible for the Appeals Centre to identify a case reviewer without a conflict of interest in respect of your case, the Appeals Centre will not handle your dispute and will return the €5 fee.

How do I submit feedback about the Appeals Centre?

If you are unhappy about an aspect of your engagement with the Appeals Centre, you can contact us using the form at this hyperlink.

We will review service complaints if they are made within 21 days of notification of the date of the incident about which you have concerns. When you contact us, you should make clear why you are unhappy and provide examples of the failures that you believe you have identified. We will learn from your feedback and try to improve the service that we offer. Service complaints are reviewed regularly by our leadership team.

What rights do I have during the dispute process?

You remain solely and independently responsible for recovering any expenses you incur in submitting an appeal to the Appeals Centre. If your dispute is successful, the Appeals Centre will not arrange for the reimbursement of your expenses, other than the €5 fee paid to the Appeals Centre.

You may withdraw your dispute at any stage if you are dissatisfied with the process or for any other reason, subject to the provisions above on abuse.

Submitting a dispute to the Appeals Centre does not prevent you from initiating legal proceedings about the same platform decision, on the same or different grounds, at any time. However, as set out above, the Appeals Centre cannot accept your dispute if it is has already been resolved by competent court or ODS body, or it is already subject to an ongoing procedure before a competent court or ODS body, and in these circumstances the Appeals Centre may reject your dispute as repetitive.

ADDITIONAL RULES OF PROCEDURE FOR PLATFORMS

What are platforms’ obligations in relation to the Appeals Centre?

The Appeals Centre is a certified out-of-court dispute resolution (ODS) body under Article 21 of Regulation (EU) 2022/2065 (the DSA). Please refer to Articles 20 and 21 of the DSA (available at this hyperlink) which sets out platforms’ obligations in connection with certified ODS bodies like the Appeals Centre.

Among other requirements, the DSA requires platforms to:

• Inform users of the possibility of ODS and other available possibilities for redress (Article 20(5));
• Ensure that information about the possibility for recipients of their service to have access to an out-of-court dispute settlement procedure is easily accessible on their online interface, clear and user-friendly (Article 21(1));
• Engage, in good faith, with the out-of-court dispute settlement body that a user selects with a view to resolving the dispute.

What process should a platform follow when contacted by the Appeals Centre in relation to a user dispute?

After receiving a dispute from a user and confirming the eligibility of the dispute, the Appeals Centre will take the following steps:

1. The Appeals Centre will contact the platform providing the reference ID number issued by the platform in respect of the platform decision which the user is challenging;
2. The Appeals Centre will request data to validate a dispute’s eligibility based on information provided by the user. A platform may be asked to supplement data fields if the user cannot provide the information required. This data includes:
   • Confirmation of validity of the reference ID number;
   • Confirmation of platform decision (including the outcome of any applicable internal appeal);
   • Confirmation of content type (e.g., text, image, video etc.);
   • Confirmation of content language;
   • Confirmation of grounds for decision (e.g., terms & conditions violation);
   • Confirmation of policy & policy grouping applied (if feasible including exceptions); and
   • If feasible, confirmation that the dispute is not pending a decision with another ODS body or competent court.
3. To perform case review, the Appeals Centre will also require:
   1. A copy of the content and supporting content (e.g., photo to which a comment refers) that is the subject of the platform’s decision and the user’s dispute;
   2. The platform’s statement of reasons including the policy that is the basis of the platform’s decision subject to the user’s dispute;
   3. The date disputed content was enforced; and d. The name or description of the parent object where content was posted (if applicable)

After the Appeals Centre has submitted its request, platforms are expected to provide this information without delay. Information should be provided through the Appeals Centre’s website.

What will the Appeals Centre do with the information the platform provides?

The Appeals Centre will consider the information provided, alongside the eligibility questionnaire and statement submitted by the user, when reviewing disputes in line with the process described above in the section of this page entitled ‘RULES OF PROCEDURE’.

Once the Appeals Centre has considered the dispute, it will issue a decision. It will be for the platform to decide whether or not to implement the Appeals Centre’s decision.

How will the Appeals Centre protect the information it receives from platforms and users?

The Appeals Centre processes information provided to it in line with the Appeals Centre’s Privacy Notice, which is available at this hyperlink.

What fees will platforms need to pay?

In line with Article 21(5), the Appeals Centre may charge two types of platform fees for 1) Content Review and Decision and 2) Eligibility and Processing.

1. Content Review and Decision: The Appeals Centre will charge a platform fee of €95 for the review and issuance of a non-binding decision. This includes cases reviewed by standard reviewers and those escalated for specialised review.
2. Eligibility and Processing: The Appeals Centre may charge a platform processing fee if additional engagement is required beyond the Appeals Centre’s standardised processes for obtaining case data from the platform and assessing the eligibility of a dispute. The Appeals Centre’s decision on whether to charge a processing fee is dependent on the additional resources required to perform this task and will be calculated on a per platform basis

Additionally, the Appeals Centre will charge a €5 fee to users for each case reviewed. It will act as a separate charge and be shifted to the user or platform based on the case outcome.

• If a dispute is overturned, €5 fee will be returned to the user.
• If a dispute is upheld, €5 fee will be credited towards the platform.

The Appeals Centre will refund a user in the following situations:

• If the Appeals Centre determines that it is not in a position to review the user’s dispute because all available case reviewers have a conflict-of-interest in respect of the dispute;
• If the Appeals Centre is unable to review the dispute due to a technical error or any other fault of the Appeals Centre; or
• If the Appeals Centre determines that the dispute was ineligible (subject to the Appeals Centre’s policy on abuse, set out above).

The Appeals Centre reserves the right to determine, at its sole discretion, whether to retain or refund the user’s fee in any other circumstances.

The Appeals Centre plans to invoice platform fees in arrears on a monthly basis with 30-day payment terms. It will revisit the fee charged on a quarterly basis to ensure fees remain reasonable.

What are the consequences of not engaging with the Appeals Centre in accordance with these rules?

In the first instance, please let your contact person at the Appeals Centre know if you encounter any difficulties engaging with the Appeals Centre. The Appeals Centre will endeavour to resolve any issues to ensure fair and effective redress is provided in accordance with Article 21 of the DSA.

Under Article 21 of the DSA platforms have a legal obligation to engage in good faith with the Appeals Centre. Failure to engage in good faith may be considered a breach of platforms’ obligations.

The Appeals Centre is required to report to its Digital Services Coordinator of certification, the Coimisiún na Meán, on any difficulties encountered in its activities (Article 21(4)).

What rights do platforms have during the dispute process?

Engaging with the Appeals Centre does not exclude any of your legal rights under the DSA and other legislation.

Please note platforms remain solely and independently responsible for recovering any expenses platforms incur during the dispute process.