The last duel? Out-of-court dispute settlement in EU content moderation

Abstract

Court Dispute Settlement (ODS) bodies under Article 21 of the Digital Services Act (DSA) as a new remedial mechanism for users contesting content moderation decisions. While these bodies operate within the EU's broader approach to alternative dispute resolution (ADR), they create court-like expectations in online speech disputes and form part of a framework intended to ensure a safe and trusted online environment. The article examines whether certification practices by Digital Services Coordinators, and the review standards applied by ODS bodies, comply with human rights requirements on freedom of expression, fair trial and effective remedy as protected by the Charter and the European Convention on Human Rights. Using a comparative assessment of the seven ODS bodies certified across the EU until June 2025, it studies how independence, impartiality and expertise are interpreted in their certification processes and evaluates the review parameters set out in their rules of procedure.