MIL-OSI Europe: Answer to a written question – Meta’s discriminatory terms and conditions against the LGBTQIA+ community under the Digital Services Act – E-000384/2025(ASW)

Source: European Parliament

Meta has recently shared ad hoc risk assessments with the Commission regarding the changes announced on 7 January 2025 as required[1] by the Digital Services Act (DSA).[2]

The Commission is currently examining those assessments and cannot comment on whether Meta has properly complied with its DSA obligations at this stage, neither as regards whether the ad hoc risk assessments were properly conducted, nor on the implications of the hate speech policy changes for users in the EU.

To address illegal hate speech, the DSA requires Meta to put in place a notice and action mechanism[3] for its online platforms where users can report content that contains illegal hate speech within the meaning of EU or Member State law, independently of the content’s status under Meta’s hate speech policy.

As part of this mechanism, the DSA requires providers of online platforms to prioritise reports of content considered illegal by trusted flaggers.[4]

Meta is also a signatory of the revised Code of Conduct on Countering Illegal Hate Speech Online +,[5] a voluntary code of conduct that was recognised as a code of conduct within the meaning of Article 45 DSA, [6] which seeks to prevent and address the spread of illegal hate speech online.

The Commission cannot comment on the compliance of Meta’s notice and action system with the DSA at this stage because it is part of an ongoing investigation.[7]

As part of its general supervisory task, the Commission consistently monitors whether Meta’s terms and conditions comply with the DSA, including its Article 14(4) DSA.

The Commission is committed to promoting LGBTIQ rights, as outlined in the LGBTIQ Equality Strategy 2020-2025,[8] and will remain so in the future.[9]

  • [1] Articles 34 and 42 DSA.
  • [2] Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) OJ L277/1. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R2065
  • [3] Article 16 DSA.
  • [4] Article 22 DSA.
  • [5] https://ec.europa.eu/newsroom/dae/redirection/document/111777
  • [6] https://digital-strategy.ec.europa.eu/en/library/code-conduct-countering-illegal-hate-speech-online
  • [7] https://ec.europa.eu/commission/presscorner/detail/en/ip_24_2373
  • [8] Union of Equality: LGBTIQ Equality Strategy 2020-2025 COM(2020) 698 final. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0698
  • [9] See Commission work programme 2025, COM(2025) 45 final p. 9. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52025DC0045
Last updated: 28 March 2025

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