---
title: "Art. 23 DSA: Measures and protection against misuse"
canonical: "https://dposchool.com/dsa/article/23"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R2065#art_23"
source_note: "Source: Regulation (EU) 2022/2065, OJ L 277, 27.10.2022, p. 1. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2022-10-27"
language: "en"
publisher: "DPO School"
---

Art. 23 DSA · Chapter III: DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT · Section 3: Additional provisions applicable to providers of online platforms

# Article 23 DSA: Measures and protection against misuse

Official Journal text of 27 October 2022. Retrieved 30 October 2026.

## Official text

### Article 23(1)

**1.** Providers of online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.

### Article 23(2)

**2.** Providers of online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in Articles 16 and 20, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.

### Article 23(3)

**3.** When deciding on suspension, providers of online platforms shall assess, on a case-by-case basis and in a timely, diligent and objective manner, whether the recipient of the service, the individual, the entity or the complainant engages in the misuse referred to in paragraphs 1 and 2, taking into account all relevant facts and circumstances apparent from the information available to the provider of online platforms. Those circumstances shall include at least the following:

#### Article 23(3)(a)

**(a)** the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a given time frame;

#### Article 23(3)(b)

**(b)** the relative proportion thereof in relation to the total number of items of information provided or notices submitted within a given time frame;

#### Article 23(3)(c)

**(c)** the gravity of the misuses, including the nature of illegal content, and of its consequences;

#### Article 23(3)(d)

**(d)** where it is possible to identify it, the intention of the recipient of the service, the individual, the entity or the complainant.

### Article 23(4)

**4.** Providers of online platforms shall set out, in a clear and detailed manner, in their terms and conditions their policy in respect of the misuse referred to in paragraphs 1 and 2, and shall give examples of the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.

## Source

Source: Regulation (EU) 2022/2065, OJ L 277, 27.10.2022, p. 1. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 23 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R2065#art_23)

Official Journal text of 27 October 2022. Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

[DSA Navigator](https://dposchool.com/dsa) / [Chapter III](https://dposchool.com/dsa/chapter/3) / Article 23

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