art_23__para_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: the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a given time frame; the relative proportion thereof in relation to the total number of items of information provided or notices submitted within a given time frame; the gravity of the misuses, including the nature of illegal content, and of its consequences; where it is possible to identify it, the intention of the recipient of the service, the individual, the entity or the complainant.

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Source: EUR-Lex CELLAR · retrieved 2026-08-26 · Text as adopted (Official Journal); later amendments are not incorporated in this text.