Recital 42

DSA Recital 42

Providers of intermediary services are not subject to a monitoring obligation with regard to the information which they transmit or store, nor to a general obligation actively to seek facts or circumstances indicating illegal activity. However, this does not concern voluntary monitoring activities by providers of intermediary services, in particular any activities undertaken in good faith which are aimed at detecting, identifying and removing, or disabling access to, illegal content or at suspending or terminating the service to recipients of the service who repeatedly provide manifestly illegal content, where those activities are carried out with a view to complying with the requirements of Union law or national law in accordance with Union law, including the requirements of this Regulation. Providers should not be deemed to monitor their service merely because they take the voluntary measures in question. This is without prejudice to any targeted obligation that may be imposed in line with Union law or with national law in accordance with Union law to monitor the information which intermediary service providers transmit or store for a specific case, or a specific category of information or recipients of the service, where this is necessary to address the dissemination of a specific item of illegal content, or where it has been established that a given recipient of the service repeatedly provides manifestly illegal content. Such orders might require the providers to use automated means.