Group-based communication services such as Telegram, WhatsApp and Facebook groups increasingly sit between private messaging and public platforms. In a new study in response to a request of the Dutch Authority for Consumers and Markets (ACM), the ILP Lab examines under what conditions these hybrid, group-based hosting services qualify as “online platforms” under the Digital Services Act (DSA). The core legal issue is Recital 14 DSA, which excludes interpersonal communication services from the platform definition, but includes services that “disseminate” information “to the public”. The report contrasts a strict reading of this recital, focused on technical access controls and sender-defined audiences, with a more functional reading that looks at how services operate in practice.
Drawing on related EU law, CJEU case law, legislative history and expert interviews, the study concludes that a functional interpretation of “dissemination to the public” is more consistent with the DSA’s objectives. Under this approach, services that enable large-scale sharing in semi-open groups or via invite links may fall within the DSA’s definition of an online platform. You can read the report here.