Digital Services Act 2024
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Complaints to Commission concerning Digital Services Regulation | ||
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48. (1) Where a complaint, or part of a complaint, has been transmitted to the Commission by Coimisiún na Meán under section 201(2) of the Principal Act, the Commission shall carry out an assessment of the complaint and may take any of the following actions: | ||
(a) serve a compliance notice under section 78 on the intermediary service provider, the subject of a complaint made under section 201(1) of the Principal Act; | ||
(b) investigate the complaint in accordance with section 49 ; | ||
(c) dismiss the complaint where the Commission finds that— | ||
(i) the complaint is frivolous or vexatious or was not made in good faith, or | ||
(ii) the subject matter of the complaint is trivial; | ||
(d) transmit the complaint, or part of the complaint, to Coimisiún na Meán where the Commission is of the opinion that— | ||
(i) the complaint or part of the complaint does not concern Article 30, 31 or 32, or | ||
(ii) the intermediary service provider, the subject of the complaint, is not a relevant provider; | ||
(e) take such other action in respect of the complaint as the Commission considers appropriate. | ||
(2) The Commission shall notify the person who made the complaint and the intermediary service provider, the subject of a complaint made under section 201(1) of the Principal Act, of a complaint transmitted to it under section 201(2) of the Principal Act and of any action proposed by the Commission under subsection (1). | ||
(3) A notification under subsection (2) shall— | ||
(a) include particulars of the complaint, | ||
(b) state that the intermediary service provider may make representations under subsection (4), and | ||
(c) specify the date by which any representations shall be made under subsection (4). | ||
(4) An intermediary service provider, the subject of a complaint made under section 201(1) of the Principal Act, may, within the time specified by the Commission in a notification under subsection (2), make representations to the Commission about the complaint to which the notification relates. | ||
(5) The Commission shall have regard to any representations made to it under subsection (4) in deciding whether to proceed with any proposed action under subsection (1). | ||
(6) The Commission shall notify the complainant and the intermediary service provider in writing of its decision under subsection (5). |