The proliferation of illegal and deceptive content, masquerading as reputable media brands and journalists, has become a pressing issue. While increasing awareness is a vital step (as highlighted in our recent blog post), taking decisive action to curb the spread of such content is crucial.

In this battle, online platforms must do their part and comply with existing laws – or be held accountable for inaction. These are the stages upon which these scams perform, where these advertisements are promoted, and where users fall into their traps. And it is their responsibility to bring the curtain down on such content.  

In the EU, the Digital Services Act (DSA) requires online platforms to diligently police all types of illegal content. Any user must be able to alert platforms of the presence of allegedly unlawful content. Upon receiving such a report, platforms have a duty to swiftly evaluate and, if the content indeed infringes EU or national law, suspend access to it. Since content which misuses trademarks, infringes copyright and personal rights is illegal, platforms have a legal obligation to act against and remove celebrity scams from their services.

Yet, the reality facing many public service media organisations tells a different story. Platforms reject requests to remove these scams, explaining that it is because they don't see how this content is illegal – or is it because they earn money with these posts, which are often sponsored posts, AKA ads? Public service media also see platforms turn down their removal requests claiming that they may not act on behalf of the journalists they employ. Platforms therefore fail to comply with their legal obligations under the DSA’s Notice-and-Action framework. 

However, the story isn't over there. In accordance with the DSA, very large online platforms, such as Facebook, Instagram, TikTok and X, must not only remove illegal content from their services (following a report), they are also required to mitigate so-called systemic risks through targeted measures.

Celebrity scams should fall squarely within this remit, as this type of illegal and deceptive content usually extends beyond individual incidents. These scams are typically part of coordinated campaigns to disseminate dis- and misinformation or market fraudulent products and services, with strong negative effects on consumer protection, media freedom and pluralism, and data protection. What's more, these sponsored posts are often short-lived; they are programmed to disappear after 24 hours, at which point the same or a similar sponsored post (re)appears. 

Given the scale and volatility of these fake advertisements, it is practically impossible for the affected media outlets and their journalists to track their existence and report every single item through the Notice-and-Action framework. Platforms must therefore adopt additional strategies to address the issue properly. Meta recently acknowledged the seriousness of celebrity scams and announced the testing of new techniques to detect these deceptive and illegal advertisements. The company is thus taking a step in the right direction. 

In the end, it is up to the regulators to enforce the existing laws, to ensure that platforms comply with their legal obligations, and to hold them accountable for inaction. Let's hope that what we have just illustrated will inspire them and lead to concrete consequences.