DSA Transparency Report 2023

[jess_48]

In accordance with Articles 15 of the EU’s Digital Services Act (DSA), this transparency report provides information on orders and notices of illegal content received by 48 and all content moderation that 48 has undertaken on its own initiative regarding 48Community pages. 48 has recently created processes to store content moderation actions to compile and create Transparency Reports per our obligations. From a stringent examination of records, 48 did not engage in content moderation in 2023. This report will be published annually.”

DSA Transparency Report 20/02/2024

Three Ireland (Hutchison) Limited and Three Ireland Services (Hutchison) Limited (together, "Three") trading as “48” facilitates “48Community pages”[1] for their mobile customers in which users may ask questions, share tips, provide feedback, and message one another. In accordance with Articles 15 of the EU’s Digital Services Act (DSA), this transparency report provides information on orders and notices of illegal content received by 48 and all content moderation that 48 has undertaken on its own initiative regarding Community pages.

Section 1: Orders[2] Received from EU Member States

This section covers orders issued by EU Member States’ judicial or administrative authorities to act against illegal content in accordance with Article 9 of the DSA. Such orders can be submitted through dsacontact@three.ie. Existing communication channels may also be used for this purpose. The section also covers orders issued by EU Member States’ judicial or administrative authorities to provide information as defined by Article 10 of the DSA.

Total number of EU Member State orders to act against illegal content: 0.

Table 1.1: EU Member State orders to act against illegal content categorised by the EU Member State issuing the order.

EU Member State	Count of Orders
N/A	0

Table 1.2: EU Member State orders to act against illegal content categorised by type of illegal content concerned.

Description	Count of Orders
N/A	0

EU Member State orders to act against illegal content — median time to confirm receipt: N/A

EU Member State orders to act against illegal content — median time to give effect to the order: N/A

Total number of EU Member State orders to provide information: 0

Table 1.3: EU Member State orders to provide information categorised by the EU Member State issuing the order.

EU Member State	Count of Orders
N/A	0

EU Member State orders to provide information— median time to confirm receipt: 0

EU Member State orders to provide information — median time to give effect to the order: 0

Section 2: Notices and Regulatory Contacts Received Through Notice and Action Mechanism

48’s notice and action mechanisms in accordance with Article 16 is available at Digital Services Act (three.ie).

Total number of notices: 0

Table 2.1: Notices categorised by type of alleged illegal content concerned.[3]

Categories of Illegal Content	Count of Notices
Violates intellectual property rights	0
Violates consumer protection or privacy law	0
Violates advertising law	0
Illegal Images	0
Provides or facilitates an illegal service	0
Hate speech	0
Incites terrorism or violence	0
Other	0

Notices submitted by trusted flaggers[4]: 0

Notices processed using automated means: 0

Total number of notices on which 48 took an action: 0

Action(s) taken on the basis of the law: 0

• Action(s) taken on the basis of 48’s terms and conditions/Community Guidelines[5]: 0

Median time to take action: 0

 Section 3: 48 Initiated (Voluntary) Content Moderation

48 moderates’ specific content for compliance with applicable law and terms and conditions: all posts by each user, user reviews and responses (both before and after publication).

Content Moderation Related to Threads, Posts, Replies & Reviews

3Community users can create threads relating to 48 products, services, and competitions. Users may add to these threads, create stand-alone posts and/or reply to any comments, posts, threads etc. Before any publication on 48Community pages – all posts are subject to a two-tier review by the 48 Moderation Team: an automated review and human review.

Automated tools are used to flag reviews with potential concerns for human moderators to consider; but because final decisions are taken by human reviewers rather than by automated means, considerations of the accuracy or error rate of such automated tools do not apply. Human reviewers sometimes detect or are alerted by users to posts/threads that contain new patterns of illegal content or potential breaches of 48’s Community Guidelines/Terms and Conditions.

Total number of human resources dedicated to content moderation: 2

Total number of content moderation measures taken: 0

Number of content moderation measures taken detected solely using automated means: 0

Table 3.2: Content moderation measures taken categorised by type of restriction applied.

Type of Restrictions	Count
Accounts Terminated	0
Thread Not Published/Removed	0
Post/Comment removed	0
Account Restricted	0

Table 3.3: Content moderation measures taken categorised by type of illegal content or violation of 48Community Guidelines/terms and conditions.

0

Detail	Count
Posts with Personal Information	0
Legal Threats	0
Inappropriate Username	0
Call for Boycotts or Misuse Petitions	0
Rude, inappropriate or offensive language used in post	0
Moderation discussion in threads/posts	0
Impersonation of individuals	0
Spamming techniques used	0
Bullying behaviour	0
Advertisements	0
Links to inappropriate sites	0

Section 4: Complaints[6]

Total Complaints regarding content moderation received: 0

Median time to take decisions: N/A

Table 4.1: Complaints received categorised by the basis for the complaint.

Detail	Count
Procedural Complaints	0
Restriction imposed is not diligent, objective, or proportionate	0

Table 4.2: Complaints received categorised by decision taken.

Decision Type	Count
Decision Upheld	0
Decision Reversed	0
Decision Pending	0

Section 5: Out-of-Court Disputes

Number of disputes submitted to out-of-court dispute settlement bodies referred to in Article 21: 0

Section 6: Suspensions for Misuse of the Service

DSA Article 23(1) provides for the suspension of users who “frequently provide manifestly illegal content.” DSA Article 23(2) provides for the suspension of users who “frequently submit notices or complaints that are manifestly unfounded.”

In accordance with 48’s terms and conditions of use/48Community Guidelines, the decision of suspension or termination of an account for breach will lie solely with the Content Moderation Team. The Content Moderation Team shall impose restrictions proportionate to the breach committed, be it suspension, termination or further curtailment of the account in question.

Total number of suspensions for provision of manifestly illegal content: 0

Total number of suspensions for submission of manifestly unfounded notices: 0

Total number of suspensions for submission of manifestly unfounded complaints: 0

Conclusion:

48 has and will continue to innovate and work with the industry/regulators to improve the 48Community for users. We will continue to post updates to our ongoing efforts via this report annually.

[1] The 48Community is a site operated by Three Ireland Services (Hutchison) Limited (“Three”), it is a service to its 48 customers only to help them exchange information and comment on 48 services.

[2] For the purposes of this report, an “order” is a valid request from a Member State judicial or administrative authority in accordance with specific mandatory powers under the laws of the Member State in question, seeking production of information relating to the use 48 services by one or more specific recipients of the service, or requiring action to be taken in respect of specific items of illegal content. This reporting is without prejudice to the legal position of 48 regarding the binding nature of any such order, under applicable law.

[3] The categories of illegal content are compiled from the descriptions of the notifier. As such, the description of the category might not reflect the content concerned.

[4] The status of ‘trusted flagger’ under the DSA shall be awarded, upon application by any entity, by the Digital Services Coordinator of the Member State in which the applicant is established, to an applicant that has demonstrated that it meets certain criteria.

[5] 48 terms and conditions/48Community Guidelines - prohibit illegal content on the community pages, as well as the use of the 48community for illegal purposes. As such, this figure may include actions taken against content that might also be incompatible with applicable laws.

[6] 48’s Content Moderation team operates a complaint handling system for any challenges to decisions by the team.