Are Risks the New Rights? The Perils of Risk-based Approaches to Speech Regulation

Resumen

This paper discusses the risk-based approach of the Digital Services Act (DSA) of the European Union. By embracing open-ended standards instead of rules and by imposing broad risk-identification and mitigation obligations on private parties, the DSA pushes forward a form of managerial co-regulation that is a paradigmatic shift in platform regulation, that has already influenced other regulatory proposals around the globe. This paper argues that the move is consequential from the perspective of t