The legal framework
Regulation (EU) 2022/2065, applicable to all platforms since February 2024, imposes procedural duties: an accessible notice mechanism, a statement of reasons for every removal or suspension, a free internal complaint route, and access to out-of-court dispute settlement. Very large platforms carry additional risk-assessment obligations. What counts as illegal content remains defined by each member state's law.
The Regulation reverses an old asymmetry: until now a user whose account was closed had no remedy. They are now entitled to reasons, an internal appeal and out-of-court arbitration.
What is illegal remains national. Insult, defamation, glorification of terrorism and hate speech are not defined identically in Ireland, France or Germany, and the same message can be lawful in one state and not in another.
Key points
| Instrument | Regulation (EU) 2022/2065, applicable to all platforms since February 2024 |
|---|---|
| Subject | Procedure, not the definition of illegality |
| Notice | Accessible reporting mechanism, mandatory |
| Reasons | Every removal or suspension must be reasoned |
| Appeal | Free internal complaint, then out-of-court settlement |
| Illegality | Defined nationally: insult, defamation, hate speech, threats |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Does the Regulation say what I may write?
No. It governs how platforms handle reports; the definition of illegality remains national.
My account was closed without explanation — what now?
Since 2024 the platform must give reasons and provide a free internal appeal; you can then go to an out-of-court dispute settlement body.
Who supervises platforms?
A Digital Services Coordinator in each member state, and the Commission for very large platforms.
Does it apply to small forums?
Yes, with lighter obligations: the heaviest requirements apply only to very large platforms.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database