In this blog post, Doris Buijs and Ilaria Buri look into the two crisis provisions in the DSA based on which platforms must adopt certain crisis mitigation measures. What do they entail and what can be expected of those provisions in times of multiple and systemic crises?
The Digital Services Act was finally published in the Official Journal of the European Union on 27 October 2022. It is the result of a years-long drafting and negotiation process, and opens a new chapter: that of its enforcement, practicable access to justice, and potential to set global precedents. The Act has been portrayed as […]
Paddy Leerssen The DSA’s most demanding rules are directed at the largest platforms: Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs). This blog post offers a quick overview on two of the most important obligations for these large services, with more than 45 million monthly average active users: risk management, and […]
DSA Observatory – IViR’s researchers João Pedro Quintais, Naomi Appelman and Ronan Fahy published a new article “Using Terms and Conditions to Apply Fundamental Rights to Content Moderation” (forthcoming in German Law Journal). In this article, they critically explore questions around the enforceability of fundamental rights via T&Cs through the prism of Article 14 DSA. […]
After almost two years, the DSA has entered into force. In the mean time, a new legislative proposal has been published by the Commission in September 2022: the Media Freedom Act (MFA). Both regulations caused a lot of debate, about – among other things – the so-called “media exemption”. This media exemption could give media a special position, as they would get prior notice from platforms before content moderation decisions. The exemption did not make it into the DSA, but the debate around the exemption has been revitalized with the newly proposed Article 17 MFA, which seems similar to the earlier discussed exemption. In this blog post, we will look into how the MFA tries to define “media service providers”, what Article 17 MFA actually entails and if the critical commenters calling Article 17 MFA the new media exemption can be justified. We will see that this discussion is a bit more complex, mainly due to the complicated interplay between the MFA and the Platform to Business (P2B) Regulation.
The European Commission has clarified its focus for implementing the DSA. The Commission will first work on implementing procedural regulation and delivering delegated acts on the supervisory fees and independent external audits. Four other implementing and delegated acts and five guidance documents will take a lower priority. Pim ten Thije provides a handy overview of the focus areas and other acts and guidelines to come.
In this second part of the blog post on the implications of the DSA on journalism, we look into the safety of journalists and other media actors. Online harassment of journalists is a widely-reported topic, but nevertheless still increasing problem. What DSA provisions are the most promising for ensuring and increasing that much-needed safe climate for journalism online? And what actors, beside online platforms, can play their part using some of the DSA provisions to benefit journalism?
The Digital Services Act designates VLOPs and VLOSEs based on their number of ‘average monthly active recipients’. How can and should online platforms calculate their number of ‘AMARs’? What role will embedded content and auto-completed search results play? And will the discounting of bots, scrapers and ‘double’ visitors lead to extra tracking of platforms’ recipients? This blog dives deep into the concept of average monthly active recipients.
Twitter’s ‘Moderation Research Consortium’ now accepts applications by all interested researchers. DSA Observatory Researcher Pim ten Thije looks into the TMRC’s compliance with Article 40 of the Digital Services Act on data access and scrutiny. He recaps the DSA’s access obligations for researchers and governments and discusses what Twitter will need to change to be compliant.
This blog post looks into the implications of the DSA on the media, in specific: protection of journalistic and media content under the DSA. What (procedural) rights can be used by journalists to protect their content online? And what are the platforms’ obligations to protect media freedom and freedom of expression?