Article 22 Digital Services Act: Building trust with trusted flaggers

Trusted flaggers have long played a role in content moderation: a bilateral, voluntary affair between online platforms and individuals or organisations that are afforded prioritised access to the content moderation process. Due to their expertise, they are trusted to ‘flag’ illegal or harmful content. Article 22 Digital Services Act formalises this framework, allowing governmental and non-governmental organisations to apply for certification as trusted flaggers and requiring online platforms to treat their submitted notices on illegal content with priority and without undue delay. The certification of the first trusted flaggers under Article 22 has sparked public debate about their influence and power, especially in relation to the freedom of expression of internet users. Concerns about trusted flagger frameworks are new in part, but also reflect existing weaknesses in the framework relating to over removal and freedom of expression. This contribution explains the concerns about trusted flagger involvement in content moderation in light of freedom of expression, assesses the promises and pitfalls of Article 22 in its current implementation, and offers recommendations to ensure more effective operationalisation of trusted flaggers under Article 22 and better safeguard the right to freedom of expression of internet users.