News from Across the Sea #1

News from Across the Sea 1: The European Union’s Digital Services Act is the most ambitious regulatory proposal for digital platforms ever adopted. Since its enactment and implementation, the DSA has consistently been

News from Across the Sea #1:

The European Union’s Digital Services Act is the most ambitious regulatory framework for digital platforms ever adopted. Since its enactment and implementation, the DSA has been in the news constantly. New developments are multiplying at a dizzying pace and piling up in our inboxes, waiting to be read. The eyes of the world are on Brussels in search of solutions, and Brussels is ready to export its methods to the world. But do we know exactly what’s 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 be its extraterritorial effects? What is civil society doing about this? And the academic community? At CELE, we’re following these debates and seeking answers to these questions, and we’re opening this space to share what we’re learning and discovering. Below, we present the most relevant developments from the past month. Musk v. Breton v. Civil Society The European Commissioner for the Internal Market and Services, France’s Thierry Breton, is responsible for implementing the DSA and ensuring compliance with it. He also manages an X account through which he has fueled some controversies. Last October, Breton sent a series of letters to Meta, X, TikTok, and YouTube, stating that the platforms were being used to “spread illegal content and disinformation” in the context of the conflict between Israel and Gaza. He urged them to take action within 24 hours. This drew 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 Musk himself was set to have with former President and presidential candidate Donald Trump on an X platform, as it could have negative effects in Europe in terms of the spread of violence, hate, racism, and misinformation. The entrepreneur’s response was swift, and, true to form, he lashed out harshly at the French official. He even accused the European Commission of abusing the DSA’s disciplinary procedures to censor speech. Civil society did not remain silent and signed a new response addressed to Breton. Perhaps persuaded by the negative repercussions of the previous edition, 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 cause for concern for several reasons. First, because of the extraterritorial effects he seeks to assign to the DSA. The negative effects that the circulation of alleged disinformation regarding elections or armed conflicts outside the EU might generate within the Union are, at best, very tenuous. Furthermore, the Commissioner’s unilateral and extralegal determination that the content in question is illegal—even before it exists, as in the case of Musk and Trump’s “Space”—is striking. Breton’s name may remain a key topic in the discussion for some time to come. After being nominated for a new term, the French official is awaiting approval from the European Parliament to continue in office for another five years. New Out-of-Court Dispute Resolution Bodies Article 21 of the DSA authorizes the creation of out-of-court dispute resolution bodies so that users of data hosting services—including online platforms—can bring their disputes regarding content moderation decisions that specifically affect them to these bodies. To operate, these bodies must be certified by the state in which they are established. In August, User Rights and Adroit were certified by Germany and Malta, respectively, and officially became the first out-of-court dispute resolution bodies under the DSA. TikTok Commits to Discontinuing the TikTok Lite Rewards Program As part of the enforcement proceedings we previously discussed here, TikTok reached an agreement with the European Commission to permanently withdraw that product from the market, which awarded points to users for completing certain tasks on TikTok (watching videos, “liking” content, inviting friends, etc.). The Commission was concerned about the addictive effect that the product’s design could have, especially on minors. Opportunity to Participate The European Commission launched a call for evidence to help develop guidelines ensuring the protection of minors online, in accordance with Article 28 of the DSA. The Commission will accept contributions until September 30, 2024. Post-Election Assessment The European Digital Services Board published the post-election report detailing the activities carried out under the DSA in the context of the June European Parliamentary elections, in accordance with the Guidelines for Mitigating Systemic Risks in Elections. At CELE, we had analyzed the guidelines here. What are we reading? The summary of the conclusions from the European Risks and Rights Stakeholder Engagement Forum, which took place in July in Brussels and was organized by GNI and DTSP, and in which CELE participated. The book Principles of the Digital Services Act by Martin Husovec (London School of Economics)—one of the leading experts on the DSA and a guest speaker at the CELE Seminar. Rachel Griffin (Sciences Po) wrote here about the DSA’s codes of conduct, a tool she considers essential for interpreting and monitoring compliance with the DSA. If you’ve made it this far, thank you for reading “News Across the Sea,” the CELE newsletter where you’ll find everything you always wanted to know about the DSA but were afraid to ask. See you next time!