Recital 44

DSA Recital 44

In order to strike the right balance in responding to notices of illegal content submitted by affected parties, other interested parties or by authorities, it is important to distinguish between what constitutes illegal content and what represents content which, while not illegal, may nonetheless be harmful or otherwise considered undesirable by recipients of the service. Where the law of a Member State, in accordance with Union law, criminalises or otherwise prohibits certain categories of conduct, content that incites, involves or contributes to such conduct, might be considered to be illegal content for the purposes of this Regulation. Whether content is to be considered to be illegal content should be assessed in light of all the relevant provisions of applicable Union and national law as well as the established jurisprudence on the matter. Depending on the relevant provision of applicable law, the illegality of a given piece of content might depend, in particular, on the context of its dissemination. For example, content that in certain contexts constitutes legitimate research or news reporting might, in other contexts, constitute incitement to violence.