GNI urges European Commission to strengthen safeguards against government misuse of DSA trusted flagger status

July 16, 2026  |  News, Policy

The Global Network Initiative (GNI) made its submission to the European Commission’s consultation on the Draft Guidelines governing the trusted flagger mechanism under Article 22 of the Digital Services Act (DSA). GNI welcomes the transparency measures in the Draft Guidelines, but is calling for stronger safeguards to prevent government and law enforcement entities from using trusted flagger status to pursue content removals without the oversight that would normally apply. Priority treatment of trusted flagger notices is a form of privileged access to content moderation systems. Where that privilege is extended to government entities, it combines the private discretion of company moderation with the coercive power of the State – creating serious risks to freedom of expression while sidestepping ordinary transparency and accountability.

Read the full submission here.

GNI’s submission notes that DSA reporting is annual and retrospective, meaning a government entity acting as a trusted flagger can pursue the same outcomes as a formal removal order without the judicial oversight, rule-of-law safeguards, and per-request transparency that accompany orders under Article 9. The Guidelines also do not address the conflict of interest that arises when a law enforcement body flags content in which it holds an investigative or prosecutorial interest, and they grant status indefinitely with no mechanism for periodic review.

GNI recommends that the Commission amend the Draft Guidelines to:

• Require disclosure of government affiliation in statements of reasons and annual reports, with action and rejection rates disaggregated between government-affiliated and non-governmental flaggers;
• Hold government-affiliated trusted flaggers to transparency standards equivalent to formal removal requests;
• Exclude law enforcement bodies from the mechanism, with clearer guidance for Digital Services Coordinators on assessing the independence of government entities; and
• Replace indefinite designation with periodic re-application against minimum performance criteria.

GNI remains committed to constructive engagement with the Commission, Digital Services Coordinators, and other stakeholders as the Guidelines are finalised.

About the Global Network Initiative

GNI is a multistakeholder organization dedicated to protecting and advancing freedom of expression and privacy in the ICT sector, bringing together companies, civil society, academics, and investors around a common approach to rights online.