News from Across the Sea #1:
The EU Digital Services Act is the most ambitious digital platform regulation bill ever passed. Since its approval and implementation, the DSA has been making headlines. News updates are rapidly multiplying and piling up in our inboxes, waiting to be read. The eyes of the world are on Brussels, looking for solutions, and Brussels is ready to export its methods globally. But do we really know what is happening with the DSA?
What are the latest developments in platform regulation in Europe? How is the DSA being implemented? How does its implementation affect freedom of expression and other human rights? What will its extraterritorial effects be? What is Civil Society doing in response? And the academic community? At CELE, we are following these debates and seeking answers to these questions, and we are opening this space to share what we are learning and discovering. Below, we present the most relevant developments from the last month.
Musk v. Breton v. Civil Society
The European Commissioner for Internal Market and Services, Thierry Breton from France, is responsible for implementing and monitoring compliance with the DSA. He also manages an account on X (formerly Twitter) from which he has sparked some controversies. Last October, Breton sent a series of letters to Meta, X, Tiktok, and Youtube, in which he stated that the platforms were being used to “disseminate illegal content and disinformation” in the context of the conflict between Israel and Gaza. He urged them to take action within 24 hours. This provoked a strong response from civil society.
Not satisfied with that, the Commissioner decided to send a new letter, this time addressed solely to Elon Musk, the majority shareholder of X. The Commissioner expressed concern about the conversation that Musk himself was set to have with former president and presidential candidate Donald Trump in a space on X, as it could have negative effects in Europe regarding the spread of violence, hatred, racism, and disinformation.
Musk's response was not long in coming and, true to his style, he hit back hard against the Frenchman. He even accused the European Commission of using the DSA's disciplinary procedures in an extortionate manner to censor expression. Civil Society did not remain silent and signed a new response addressed to Breton. Perhaps persuaded by the negative repercussions of the previous episode, this time the European Commission distanced itself from the Commissioner's new letter. If you came for the drama, stay for the analysis. Breton's letters are concerning for several reasons. Firstly, because of the extraterritorial effects he intends to attribute to the DSA. The supposed disinformation about elections or armed conflicts outside the EU and its potential negative impacts within the Union are, at best, very slight. Moreover, the unilateral and extralegal determination that the Commissioner makes regarding the illegality of the content in question, even before it exists, as in the case of the Musk-Trump Space, is alarming. Breton's name could remain relevant in the discussion for some time. After being nominated for a new mandate, the Frenchman awaits approval by the European Parliament to continue in office for another five years.
New Out-of-Court Dispute Resolution Bodies
Section 21 of the DSA authorizes the creation ofout-of-court dispute resolution bodiesso that users of data hosting services - including online platforms - can take their disagreements over content moderation decisions that particularly affect them to these entities. To operate, these bodies must be certified by the state in which they are established. In August,User RightsandAdroitwere certified by Germany and Malta respectively, becoming the first official out-of-court dispute resolution bodies under the DSA.
TikTok Agrees to Withdraw TikTok Lite Rewards Program
Within the framework of the sanctioning procedure we previously discussed here, TikTok reached an agreement with the European Commission to withdraw this product from the market permanently. The program assigned points to users for performing certain tasks on Tiktok (watching videos, liking content, inviting friends, etc.). The Commission was concerned about the addictive effect that the design of this product could have, especially on minors.
Opportunity for Participation
The European Commission has issued a call for evidence for the development of guidelines to ensure the protection of minors online, in accordance with Article 28 of the DSA. The Commission will accept contributions until September 30, 2024.
Post-Election Balance
TheEuropean Board for Digital Services published the post-election reportdetailing the activities carried out under the DSA in the context of the European parliamentary elections in June, following theGuidelines for Mitigating Systemic Risks in Elections. At CELE,we had previously analyzed the guidelines here.
What Are We Reading?
The summary of the conclusions of the European Risks and Rights Stakeholder Engagement Forumwhich took place in July in Brussels GNI and DTSP, andin which CELE participatedis now available online.
The bookPrinciples of the Digital Services Actby Martin Husovec (London School of Economics), one of the leading experts on the DSA and guest at theCELE seminar, is now available for purchase.
Rachel Griffin (SciencesPo) wrote here about the DSA's codes of conduct, an instrument she considers essential for interpreting and enforcing compliance with the DSA.
If you've made it this far, thank you for reading Noticias Cruzando el Mar, CELE's newsletter where you'll find everything you always wanted to know about the DSA but were afraid to ask.
Until next time!
