Using Terms and Conditions to apply Fundamental Rights to Content Moderation: Is Article 12 DSA a Paper Tiger?

In September 2021, the Verfassungsblog and the Max Planck Institute for Innovation and Competition co-hosted an online symposium, “To Break Up or Regulate Big Tech? Avenues to Constrain Private Power in the DSA/DMA Package”. “The concentration of private power in the digital realm is not tenable – on this there is consensus. It extends across […]

The DSA Proposal’s Impact on Digital Dominance 

In September 2021, the Verfassungsblog and the Max Planck Institute for Innovation and Competition co-hosted an online symposium, “To Break Up or Regulate Big Tech? Avenues to Constrain Private Power in the DSA/DMA Package”. “The concentration of private power in the digital realm is not tenable – on this there is consensus. It extends across […]

In between illegal and harmful: a look at the Community Guidelines and Terms of Use of online platforms in the light of the DSA proposal and the fundamental right to freedom of expression (Part 2 of 3)

By Britt van den Branden, Sophie Davidse and Eva Smit*   This blog is part two of three. See part 1 here. Part 3 will follow soon. In part one of this blog series, we showed that the Community Guidelines and Terms of Use (hereafter: CG and ToU) of six well known very large online […]

In between illegal and harmful: a look at the Community Guidelines and Terms of Use of online platforms in the light of the DSA proposal and the fundamental right to freedom of expression (Part 1 of 3)

By Britt van den Branden, Sophie Davidse and Eva Smit*   This blogpost is part one of three. Blogposts 2 and 3 will follow soon. Just before last year’s Christmas day, the European Commission published a proposal for a Digital Services Act (DSA). The proposal introduces a new range of harmonised obligations for digital services […]

The Digital Services Act and Its Impact on the Right to Freedom of Expression: Special Focus on Risk Mitigation Obligations

Joan Barata This blog post synthesises the main arguments and conclusions developed in a report commissioned to the author by the Plataforma en Defensa de la Libertad de Información (PDLI), fully available here. Disclaimer: Dear reader, please note that this commentary was published before the DSA was finalised and is therefore based on anoutdated version […]

Online advertising: These three policy ideas could stop tech amplifying hate

    By Catherine Armitage, Johnny Ryan and Ilaria Buri The relationship between the spread of harmful content and the business models that fund it is a preoccupation for many policymakers today. Political momentum is building around the idea that banning ‘surveillance advertising’ could be the answer. This has translated into a variety of different […]

AWO overview of all ongoing policy proposals to reform online advertising

AWO data rights agency put together an overview of all the proposals related to online advertising in the DSA, DMA and other legislation. The overview is an invaluable source to follow the latest developments on the discussion concerning the regulation of online advertising and ad-funded business models, currently taking place in Europe and the US. […]

Article 12 DSA: Will platforms be required to apply EU fundamental rights in content moderation decisions?

  By Naomi Appelman, João Pedro Quintais, and Ronan Fahy, Institute for Information Law (IViR) Disclaimer: Dear reader, please note that this commentary was published before the DSA was finalised and is therefore based on anoutdated version of the DSA draft proposal. The DSA’s final text, which can be here, differs in numerous ways including […]

Platform ad archives in Article 30 DSA

by Paddy Leerssen, Institute for Information Law (IViR) Disclaimer: Dear reader, please note that this commentary was published before the DSA was finalised and is therefore based on anoutdated version of the DSA draft proposal. The DSA’s final text, which can be here, differs in numerous ways including a revised numbering for many of its […]

The Interplay between the Digital Services Act and Sector Regulation: How Special is Copyright?

João Pedro Quintais (University of Amsterdam; Institute for Information Law, IViR) and Sebastian Felix Schwemer (University of Copenhagen; Centre for Information and Innovation Law, CIIR; University of Oslo, Norwegian Research Center for Computers and Law, NRCCL) explore in a new paper how the Digital Services Act’s rules interact with existing sector-specific lex specialis rules. In […]