Whilst the rules on liability of providers of intermediary services set out in this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by such providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate to the public through intermediary services. Where appropriate, other actors, such as group moderators in closed online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessary to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the specific provider that has the technical and operational ability to act against specific items of illegal content, so as to prevent and minimise any possible negative effects on the availability and accessibility of information that is not illegal content.
DSA Recital EN
Recital 27
Related across sources
Guidance Guidelines 9/2022 on personal data breach notification under GDPR News A New Bill Takes Aim at Government Pressure to Silence Lawful Online Speech News LinkedIn locks your GDPR rights behind a paywall Guidance Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement Guidance Guidelines 07/2020 on the concepts of controller and processor in the GDPR Guidance Guidelines 10/2020 on restrictions under Article 23 GDPR