31.10.2024

On the evening of 30 October 2024, ANCOM received from the Ministry of Research, Innovation and Digitalization two complaints registered during the day on the Ministry own platform concerning various aspects related to social media accounts of certain candidates for the presidential elections. 

In this context, considering ANCOM's role as Digital Service Coordinator, as well as the statements circulated in the public space regarding possible actions affecting the integrity of the elections, ANCOM treated with maximum celerity the received complaints, contacting the Permanent Electoral Authority (AEP), the authority responsible for the proper conduct of the electoral process. AEP, which also received the complaints, forwarded them towards the concerned social platforms for verification. Furthermore, ANCOM requested the respective platforms to treat with the highest priority the notifications sent by AEP and will inform the European Commission about the notifications received in the context of the electoral process. The online platforms are exclusively responsible for analysing the complaints and determining their veracity.

Digital Services Act (DSA) contains provisions on the organisation and functioning of online platforms, but in this context they are also applicable the European Commission Guidelines for providers of Very Large Online Platforms and Very Large Online Search Engines on the mitigation of systematic risks for electoral processes pursuant to Article 35(3) of Regulation (EU)2022/2065, available here.

ANCOM supervises intermediary service providers

Intermediary services are specific information society services, normally provided for remuneration, at a distance, by electronic means and at the individual request of the recipient of the service, such as simple transmission, caching or hosting services.

The main categories of obligations of intermediary service providers are presented on the web page https://infocentru.ancom.ro/servicii-intermediare.

ANCOM settles complaints regarding DSA violations

If the recipient of an intermediary service domiciled or established in Romania considers that the provider of that service does not comply with the provisions of the Digital Services Act, it has the right to lodge a complaint with ANCOM, on its own behalf or through its representative. The complaint may also be lodged by a body, organisation or association mandated by the addressee to exercise its rights.

Important!

ANCOM cannot rule on the legality or illegality of published content that does not fall within its scope of competence. Public authorities or institutions with responsibilities in relation to the supervision of a particular sector or field of activity, referred to as relevant authorities, have the possibility to issue orders against illegal content or orders to provide information, in accordance with Articles 9 and 10 of the Digital Services Act. 

Orders may also be issued by judicial authorities in the context of actions, activities or procedures carried out by them according to the legal powers conferred.

That is, the authorities that have competences in the offline environment in a certain field, have the same competences in the online environment as well. Thus, authorities can take action against illegal content online depending on the domain they manage.