The European Union (EU) has recently granted final approval to the Digital Services Act (DSA), a legislation mainly centered around online safety. This move signifies a monumental shift in the region’s social media and e-commerce rules. The DSA particularly emphasizes on streamlined regulation for intermediaries such as large platforms, including Google, Facebook, and YouTube regarding their content moderation practices.
What is the Digital Services Act?
The DSA, as outlined by the EU Commission, serves as a common set of rules pertaining to intermediaries’ obligations and accountability across the single market. The primary objective of the DSA is to offer enhanced protection to all EU users, regardless of the country they live in.
Key Features of the Digital Services Act
A significant part of the changes brought about by the DSA revolves around faster removal procedures for harmful or illegal content. The new legislation also necessitates platforms to clarify their content takedown policies to the users. Moreover, the DSA provides users with an opportunity to challenge these takedown decisions and seek out-of-court settlements.
Bigger Platforms and Their Greater Responsibilities
The DSA does not follow a one-size-fits-all approach. Instead, it demands more accountability from Big Tech companies. Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), those having more than 45 million users in the EU, are subjected to stricter regulations under the DSA.
Direct Supervision by the European Commission
One crucial aspect of the DSA is that the European Commission will be directly responsible for overseeing the enforcement of these requirements.
Increased Transparency on Algorithm Functionality
The DSA stipulates transparency and scrutiny measures for VLOPs and VLOSEs regarding their algorithms’ functionality. The law also mandates these platforms to conduct a systemic risk analysis to ensure accountability for their products’ societal impacts.
Clear Identification of Advertisements
Another requirement outlined in the DSA is for online platforms to make sure users can easily identify advertisements and understand who is presenting or paying for them.
Comparison with India’s Online Laws
In February 2021, India notified revisions to its social media regulations via the Information Technology Rules, 2021 (IT Rules). These rules impose significant due diligence requirements on large social media platforms, such as Meta and Twitter.
Objections to the Law
Several social media companies have raised objections to certain provisions in the IT Rules. For instance, WhatsApp filed a case against a requirement which makes it mandatory for the platform to trace the first originator of a message, citing potential dilution of encryption security.
Overhaul of IT Act, 2000
India is also gearing up to replace its IT Act, 2000 entirely with a primary focus on ensuring net neutrality and algorithmic accountability of social media platforms, among other aspects.