That a complaint system must have certain features is a requirement not just of the law, but of user-friendliness.
Like other key issues, such as ToS (chapter 1), the establishment of a process for identifying prohibited content (chapter 2), or the choice of platform-specific moderation mechanisms (chapter 3), the method of submitting a complaint can vary greatly between platforms. While some platforms may offer e-mail complaints, others choose to implement standardised online form-based applications. Complaint systems should be tailored to a platform’s purpose, structure, and organisation. Guidance on setting up a complaints system can be found in the following checklist.
Just click on each of the advices to find out more about how to implement or what to be aware of.
Notify the person whose content has been removed. Consider doing this even if the content has been moderated in some other way. In this context, also inform the person about why the content was removed (see below the following point on education and pedagogical background information) and how an appeal can be lodged against the removal decision (see the following point on explaining of the complaint process).
Explain the complaint process to your users. This should be done in the course of giving notification that content has been removed or otherwise moderated. Information about the complaint process can also be included in the ToS. The explanation of the complaint process should include: (1) how complaints can be submitted, (2) how the review process works, and (3) how users are notified of the outcome of the review.
Provide users with educational opportunities to explain why the content was removed and which terms it violates. For example, the content may be removed if it violates the ToS or if a removal request has been received from a competent authority as part of the TCO Regulation. In the former case, this information can be specified by adding which of the ToS platform-specific prohibitions has been violated (e.g. against hate speech, incitement to violence, sexual content and harassment). In the latter case, it is recommended to add a brief informative overview of the TCO Regulation to the complaint system, so that the legal framework is made clear to the user.
Users should be provided with regular updates on the progress of the complaint to show that the process is continuing. At a minimum, such updates should consist of a notification when the review has been completed and timely communication of the outcome. More detailed communication might notify the user that the complaint has been received and is now being reviewed by HSP employees. Best practice would give the user a timeline for the adjudication of their complaint. These updates can be given by e-mail or displayed in an online portal.
It is important to document the complaint process. This document will serve as a reference for any subsequent questions or disputes.