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Croatia's HAKOM starts removing illegal online content
 04 Nov 2024
The Croatian Regulatory Authority for Network Industries (HAKOM) has been appointed as the coordinator for digital services in the implementation of the EU Digital Services Act, which aims to remove illegal content from the internet, including hate speech, disinformation, and harmful content for children, reports Hina.

HAKOM, after the expected adoption of the law on the implementation of the EU Act in the Parliament, will also need to issue regulations, including one for granting “trusted flagger” status – to Croatian institutions, organizations, or associations responsible for determining what constitutes, for example, hate speech, the spread of fake news and disinformation, and harmful content for children and minors on the internet.

As HAKOM highlights, part of their task as a coordinator is to “aggregate” the work of the relevant institutions that issue orders to act against illegal content online – the State Attorney’s Office (DORH), the Ministry of the Interior (MUP), the State Inspectorate, the Customs Administration, the Ministry of Health, and, especially in the case of hate speech, the Agency for Electronic Media (AEM) – and to deliver their consolidated reports to the European Commission.

Additionally, HAKOM will be able to impose fines on online platforms and their authorized representatives for non-compliance with the law, ranging from €6,630 to €66,360.

They emphasize that there are three ways to remove illegal content from the internet. The first is when the platform takes action on its own initiative, based on its algorithms and measures it has implemented to assess systemic risks, and thus “recognizes” and removes illegal content.

“Algorithms already work quite well when it comes to removing illegal content related to copyright, as well as detecting and removing child pornography,” notes Domagoj Maričić, assistant director of HAKOM, in an interview with Hina.

The second way to “clean” the internet is through orders from the aforementioned relevant Croatian institutions. These orders are formal and are sent directly to the platform, regardless of the country in which it is registered or its representative. The platform is obliged to comply and notify HAKOM.

Maričić also explains the third approach, which involves trusted flaggers, who are to be granted status based on their application to HAKOM after the law is passed. “Since there is no central body that monitors all illegal content on the internet, trusted flaggers are broadly defined – from public authorities to associations that deal with this and know how to recognize illegal content,” says Maričić.

Platforms must prioritize the removal of content reported by trusted flaggers, and if there are complaints about the flagger’s work, it will be determined whether they are potentially abusing their role. Particular attention, both from the broader and expert public, has so far been focused on removing disinformation campaigns, fake news, and political bots during election campaigns.
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