Communication platforms, including dating services and gaming services, defined as online platforms, which, for the purpose of profit, offer visitors to create a profile and explore other profiles, and whose main function is to enable users of the platform to connect and share messages or presentations containing content in characters, words, sounds, images, video or in writing. The closed groups of these communication platforms, which allow fewer than 5,000 users, are exempt from certain provisions of the legislative proposal.
Group messaging services, defined as an online service, which, for the purpose of profit, offer the visitor to create a profile and share messages or presentations containing content in characters, words, sounds, images, video or in writing, via direct messages in a group chat, where the sender can add or accept other users as a prerequisite to participate in the group chat, or where the sender can grant these rights to an administrator.
Social Media Regulation Act
The legislative proposal includes service providers that offer a communication platform, including a dating service or a gaming service, in Denmark, as well as the closed groups of these platforms, which allow more than 5,000 participants, and service providers that offer a group messaging service in Denmark that allows more than 5,000 participants. Furthermore, in order to be included in the proposed scope of the Act, it is necessary that the platform or service has had over 80,000 users on average in Denmark during the previous calendar year.
The legislative proposal aims to promote protection against illegal content and increase transparency on content moderation on communication platforms or group messaging services.
The legislative proposal requires communication platform service providers and group messaging services to set up a user-friendly notification procedure for illegal content. Illegal content is defined as any content contrary to the law in force at any time.
The service provider must decide on removal, blocking or retention within fixed time limits — in principle 24 hours — and must provide a justification to the notifier and the person receiving the content. The draft lays down legal standards for the rapid processing of notifications. Efficient and transparent procedures are required for the rapid deletion of illegal content, including user-friendly means of lodging complaints.
Service providers must annually prepare a transparency report to the authorities for publication, including an inventory of the number of notifications and decisions under the legislative proposal, descriptions of how the service provider counters illegal content etc.
Rules are laid down to ensure that the Danish Competition and Consumer Authority monitors the Act and that for this purpose information can be obtained from the service providers with regard to the preparation of analyses.
Service providers must register with the Competition and Consumer Authority.
The legislative proposal lays down penalties for infringements, including by imposing public authority orders, imposing fines, daily fines and fines. Penalties are determined on the basis of the worldwide turnover of the service provider.