European UnionA hosting platform refuses to remove illegal content about me. Are they liable?
Yes, hosting platforms can be liable if they fail to remove illegal content about you after being notified and having actual knowledge of its illegality, under the EU’s Digital Services Act.
What the Law Says
The Digital Services Act (DSA) sets clear rules on when online platforms must act against illegal content—and when they lose their liability protection.
Under the DSA, hosting service providers (like social media platforms or web hosts) generally enjoy limited liability for user-uploaded content — but only as long as they do not have 'actual knowledge' of its illegality.
Once a platform receives a 'sufficiently precise and substantiated notice' about illegal content — especially from a trusted flagger or verified individual — it must act 'expeditiously' to remove or disable access.
Crucially, the DSA removes liability protection the moment the platform gains 'actual knowledge' of illegality — meaning awareness from a valid notice triggers legal responsibility.
For very large online platforms (VLOPs), additional obligations apply, including faster response times and transparency reporting.
Statutory TextProviders of hosting services shall not be liable for information stored at the request of a recipient of the service, unless the provider, having received actual knowledge… of the illegal nature of the information… fails to act expeditiously to remove or to disable access to it.
— Regulation (EU) 2022/2065, Art. 17 — Liability of hosting service providers
Statutory TextA notice is sufficiently precise and substantiated where it contains… the identity of the notifier, a description of the alleged illegal content, and the grounds for considering it illegal.
— Regulation (EU) 2022/2065, Art. 16(2) — Notice requirements
What to Do
Submit a formal, written notice to the platform using their official 'notice-and-action' channel — include your identity, URL(s) of the content, and why it’s illegal (e.g., defamation, harassment, breach of privacy).
If the platform is certified as a 'trusted flagger' under the DSA (or you’re acting through one), expect action within 24 hours.
Keep proof of your notice (timestamp, confirmation email, screenshot) — this establishes when 'actual knowledge' began.
If the platform refuses or delays unjustifiably, file a complaint with your national Digital Services Coordinator (e.g., in Germany: BNetzA; in France: ARCOM).
As a last resort, seek injunctive relief or damages in national court — courts may order immediate removal and award compensation for harm.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.