Revised code of conduct on countering illegal hate speech online incorporated into DSA

IRIS 2025-2:1/10

Amélie Lacourt

European Audiovisual Observatory

Known as the “Code of Conduct+”, this code builds on the initial 2016 code of conduct on countering illegal hate speech online. This revised version was incorporated into the Digital Services Act (DSA) on 20 January 2025 under Article 45 of the DSA, to facilitate compliance with and the effective enforcement of the DSA in the area of illegal hate speech content, including new measures to address the most recent challenges and threats. For the purposes of the code, all conduct defined as hate speech, both in the national laws transposing the Framework Decision and in any other provisions of national law, and taking place online, constitute hate speech. 

In particular, the signatories of the Code of Conduct+ commit to:

- allowing a network of Monitoring Reporters (not-for-profit or public entities with expertise on illegal hate speech as defined in Annex 1, including trusted flaggers) to regularly monitor how the signatories are reviewing hate speech notices.

- undertaking best efforts to review the majority of hate speech notices within 24 hours.

- engaging in well-defined and specific transparency commitments regarding actions taken to reduce the prevalence of hate speech in their services, including through automated detection tools.

- participating in structured multi-stakeholder cooperation with experts and civil society organisations that can flag the trends and developments in hate speech that they observe, helping to prevent waves of hate speech from going viral.

- raising, in cooperation with civil society organisations, users' awareness about illegal hate speech and the procedures to flag illegal content online.

The code was signed by several platforms: Dailymotion, Facebook, Instagram, Jeuxvideo.com, LinkedIn, Microsoft hosted consumer services, Snapchat, Rakuten Viber, TikTok, Twitch, X and YouTube. In addition, adhering to the code may be considered an appropriate risk mitigation measure for online platforms designated as VLOPs or VLOSEs under the DSA. 

The Commission and the Board will monitor and evaluate the achievement of the Code of Conduct+ objectives, as well as their recommendations, and facilitate the regular review and adaptation of the code. 

For Henna Virkkunen, executive Vice-President of the European Commission in charge of Tech Sovereignty, Security and Democracy, “[i]n Europe there is no place for illegal hate, either offline or online. I welcome the stakeholders' commitment to a strengthened code of conduct under the Digital Services Act. Cooperation among all parties involved is the way forward to ensure a safe digital space for all.”