The Global Network Initiative calls for tighter safeguards for government-trusted flaggers under the DSA

The Global Network Initiative (GNI) has submitted comments on the European Commission’s draft guidelines for trusted flaggers under the Digital Services Act.

Trusted flaggers are organisations whose reports of allegedly illegal online content receive priority treatment from digital platforms. GNI said this privileged access can create risks to freedom of expression when it is granted to government or government-affiliated bodies.

GNI welcomed provisions stating that trusted flagger notices should not automatically lead to content removal and that platforms must conduct their own independent assessment. It also supported proposed transparency measures, including a public database and information on whether action followed a trusted flagger notice.

However, the organisation said the guidelines should clearly identify whether a trusted flagger is linked to a government. It recommended that platforms publish separate figures showing how many notices from government and non-government bodies were accepted or rejected.

GNI also raised concerns about law enforcement bodies using the mechanism. It argued that such bodies may have investigative or prosecutorial interests in the content they report, even when they do not have formal powers to order its removal.

The submission recommends excluding law enforcement bodies, applying safeguards comparable to formal government removal requests and requiring clearer checks on the independence of government-affiliated applicants.

GNI further proposed replacing indefinite trusted flagger status with a requirement for government-affiliated bodies to reapply every two years and demonstrate that their notices continue to meet minimum quality standards.