The Digital Services Act (DSA), the new European Union regulation, in force since 25 August 2023, redefines the rules on the liability of online content. This regulatory act represents a significant turning point. Indeed, the previous approach, developed in the 1990s, no longer responded adequately to the challenges posed by web platforms.
The new rules for online platforms
The Digital Services Act already entered into force on November 16, 2022. But from August 25 it will begin to make its effects felt, bringing with it a series of new rules affecting online platforms. Contrary to previous provisions, this new regulation will be applied uniformly in all member states of the European Union. The provision will guarantee users the same rights everywhere and companies greater regulatory consistency. The platforms involved go beyond social networks and also include search engines, marketplaces and hosting services. However, the arrangements will not be uniform for everyone. The largest platforms, the so-called “Very Large Online Platforms” (VLOP) and “Very Large Online Search Engines” (VLOSE), which exceed 45 million monthly active users in Europe, will be subject to stricter requirements.
What does the Digital Services Act provide?
The Digital Services Act (DSA) introduces a number of new requirements for online platforms, especially for VLOPs and VLOSEs. These large platforms are now required to set up a “point of contact” dedicated to reports from authorities and users. This point of contact will act as an intermediary between the platforms and those who report illegal or harmful content, ensuring the timely removal of such content, if any. The main objective of the DSA is to address the spread of harmful content online, as well as protect privacy and freedom of expression. The regulation aims to promote a competitive innovation environment and prevent abuse of dominant position by large platforms. These will need to adopt more efficient reporting systems and transparent content moderation practices. This will help ensure that malicious content is quickly identified and removed.
Additionally, DSA promotes transparency regarding how algorithms work, thereby limiting the use of algorithms that could amplify disinformation or promote polarization. One of the pillars of the DSA is the political vision that underlies its creation. The European Union seeks to assert its digital sovereignty by setting its own standards in the digital world rather than adapting to global standards imposed by others. Digital sovereignty is not just a matter of regulation, it also involves protecting user privacy and fostering European innovation. In fact, the European Union seeks to reduce dependence on foreign technologies and services, promoting the development of digital solutions in line with its own standards. This approach aims to ensure that digital decisions are taken within the EU, respecting European laws and values.
The impact of the Digital Services Act on Big Tech
The DSA marks a new beginning for “Big Tech” technology companies with a leading role in today’s digital landscape. These companies include social networks such as Facebook, Instagram and Twitter, but also booking services such as Booking.com and marketplaces such as Amazon and Alibaba. Starting August 25, all these companies will have to comply with the new regulations. The VLOP and VLOSE platforms, in particular, will receive special attention. Their broad reach and influence in the digital realm make them subject to more stringent requirements. These will help ensure user safety and compliance with content liability rules.
Platforms will be required to demonstrate transparency in their content moderation processes. Big Techs will have to review and restructure their business practices to comply with the new regulations. This could involve establishing regulatory compliance teams, implementing new content monitoring tools, and reviewing data usage policies.
Master’s student in Energy Engineering at the University of Bologna, always passionate about scientific dissemination, especially everything related to the environment and sustainability. Writing has given me the opportunity to meet new worlds and discover new interests, which is why despite having started as an author for #EnergyCuE since November 2020, today I collaborate for the entire network.