Fair moderation process

The chapter describes the procedural regulation of content moderation introduced by the Digital Services Act. It explains the concept of fair procedure step by step, from the notice submission to individualised decisions along with statements of reasons, followed by potential internal and external appeals before the out-of-court dispute settlement bodies. Each step is scrutinised against the backdrop of the overall mechanics of the process, and how it is likely to impact the practice of the platforms. The chapter makes a number of recommendations regarding how to implement the mechanism in daily practice and uncovers deeper conceptual problems that the courts will need to grapple with.