How to challenge an Instagram decision under the EU Digital Services Act

In short

If you're in the EU, the Digital Services Act (DSA) gives you four tools when Instagram removes your content or restricts your account: a clear explanation of the decision, a free internal complaint, a certified out-of-court dispute settlement body and, always, the courts. They work. According to the European Commission, platforms reversed about 30% of the 165 million decisions users appealed internally in the DSA's first two years, and in the first half of 2025 out-of-court bodies overturned the platform's decision in 52% of closed Facebook, Instagram and TikTok cases.

1. You're owed an explanation (Article 17)

The European Commission summarises the rule simply: platforms must explain their content moderation decisions clearly to everyone affected. On Instagram, that explanation is the notice you receive and what you see in Account Status. Take screenshots of both straight away, with the date and the reason given. Every later step builds on them.

2. Use the free internal complaint (Article 20)

If you disagree, you can use the platform's internal complaint system to request a review, and platforms are required to review their decisions promptly. On Instagram this is the in-app appeal or Request a review; our article on Request a review and the Oversight Board shows where to find it.

The DSA right covers decisions that restrict your account or sanction your content, and also cases where you reported illegal content and the platform rejected your notice.

3. Go to an out-of-court dispute body (Article 21)

You can also take the dispute to a certified out-of-court dispute settlement body, including when the internal review didn't lead to a satisfactory outcome. According to the European Commission:

  • You can choose any body certified in the EU for your type of dispute. It doesn't have to be based in your country, as long as it can handle the dispute in your language.
  • For users it's usually free or low cost, and if the body decides in your favour, the platform pays the fees. Check each body's fees on its website before you apply.
  • The body can't impose a binding decision, but both the platform and the user must engage with it in good faith.
  • Bodies must be impartial and independent of platforms and users, and must let you submit your complaint and documents online.

The Commission publishes the list of certified bodies with their areas of expertise and languages. Bodies certified for disputes with Instagram include Appeals Centre Europe, User Rights and Platform Control.

4. Courts, compensation and regulators

  • Courts: you always keep the right to go to court under EU or national law.
  • Compensation (Article 54): you can claim compensation in a national court for damage caused by a platform breaking its DSA obligations.
  • Regulators (Article 53): if you suspect a platform is breaching the DSA, you can complain to your country's Digital Services Coordinator.
  • Representation (Article 86): you can be assisted or represented by an organisation or a legal professional when you use these rights.

What the numbers say

In February 2026 the European Commission reported that, since the DSA started to apply, 30% of the 165 million content moderation decisions that users appealed through platforms' internal systems had been reversed: almost 50 million decisions. In the first half of 2025, out-of-court bodies reviewed over 1,800 disputes about content on Facebook, Instagram and TikTok in the EU and overturned the platform's decision in 52% of the closed cases.

The Commission also noted that in the first half of 2025, 99% of platforms' moderation decisions enforced their own terms and conditions rather than removing content reported as illegal. In practice, most disputes are about whether a platform applied its own rules correctly.

What to prepare

  • Screenshots of the notice, Account Status and any emails from Instagram, with dates.
  • Your username and the link to the account or the content concerned.
  • A short, factual account of why you think the decision is wrong, tied to the reason Instagram gave.
  • Your internal complaint and any reply, in the order they happened.

Frequently asked questions

Does the DSA apply to my Instagram account?

The DSA protects users in the EU. If Instagram restricts your account or removes your content while you're using it in the EU, you can use the DSA's complaint, dispute settlement and court routes.

Do I have to finish Instagram's internal appeal before going to a dispute body?

No. According to the European Commission, you can turn to a certified dispute settlement body, including when the internal review didn't lead to a satisfactory outcome.

How much does an out-of-court dispute body cost?

For users it's usually free or low cost. If the body decides in your favour, the platform pays all the fees. Check the specific body's website before applying.

Is the dispute body's decision binding on Instagram?

No, it isn't legally binding, but platforms and users must engage with the body in good faith. You can always still go to court.

Want help preparing an EU complaint?

Send us the notice and a short timeline. We'll tell you for free which DSA route fits and what to include. We never ask for your password.

Sources

  1. User rights under the Digital Services Act (European Commission) digital-strategy.ec.europa.eu
  2. Out-of-court dispute settlement bodies under the DSA (European Commission) digital-strategy.ec.europa.eu
  3. Two years of Digital Services Act allows 50 million content moderation decisions by platforms to be reversed (European Commission, 17 February 2026) digital-strategy.ec.europa.eu
  4. Check your Account Status on Instagram (Instagram Help Center) help.instagram.com
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