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Online platforms play a crucial role for the right to freedom of expression. Due to the increasing spread of illegal content online, regulatory measures have been taken on an EU-level to curb the dissemination of illegal and harmful content online. Trapped in a dilemma, online platforms grapple with the challenge of ensuring a safer online environment by removing illegal content and taking proactive measures, meanwhile avoiding excessive moderation.  Against this background, this essay explores online platforms' liability for third-party content under the e-commerce directive and the Digital Services Act (DSA). Furthermore, the essay examines how the DSA affects users' ability to file complaints against content moderation by online platforms, analyzing whether the DSA enhances clarity in the liability framework compared to the e-commerce directive and evaluating its effectiveness in achieving its intended purpose. In broad, the analysis compares the legal framework in relation to the impact on users’ freedom of expression.  The DSA has retained broad liability exemption for online platforms in relation to illegal material published by a third-party, causing online platforms to avoid searching for harmful content. However, the inclusion of a "good samaritan" clause in Article 7 of the DSA can resolve the tension between proactive measures on the one hand, while retaining the liability exemption on the other hand. In addition, the DSA brings significant changes and introduces increased transparency and due diligence obligations which complements the liability framework.  Regarding users' ability to challenge content moderation, the essay notes that the DSA introduces mainly three options for users: imposing online platforms to provide statement of reasons when imposing restrictions, (Article 17), internal complaints systems (Article 20), and external dispute resolution bodies (Article 21). While these avenues offer users opportunities to challenge content moderation made by platforms, the analysis shows that the system has some shortcomings, including potential cost and time burdens for online platforms.  The essay concludes that the DSA introduces nuances to the liability framework and provides avenues for users to challenge content moderation to a higher degree. The effectiveness of the provisions in achieving legal clarity and safeguarding fundamental rights will depend on practical implementation and further regulatory developments such as precedents from the Court of Justice of the European Union.

The concern about disinformation in the digital space has increased since the U.S Presidential Election and the British ‘Brexit’ Referendum in 2016. Many have argued for stricter regulatory frameworks for the Internet to uphold the public’s trust in democratic institutions. In December 2020, the European Commission officially published the proposal of the Digital Services Act (DSA), a new regulation partly designed to approach the dissemination of disinformation in the digital space. Considering the political significance of the DSA, this critical study is interested in the discursive role of media in the public’s meaning making of the legislation in particular and, to some extent, Internet regulations in general. Specifically, the study focuses on linguistic aspects in a selection of 14 Swedish news media texts from December 2020 to systematically draw out the ideological implications behind the related discourses, and ultimately whose interests are represented in the in the conception of the DSA in Sweden. Focus is also paid on how and to what extent disinformation is included or excluded in the media discourses. The analysis is conducted with critical discourse analysis as both methodology and theoretical framework, with a complementary ideological and sociopolitical perspective. The results reveal a widespread support for the DSA specifically or Internet regulations in general, advocating for stricter governance in the digital space to a certain degree. Additionally, the DSA is constructed as a means to tackle the dominating role of large digital service providers in the digital market, establishing an economic outlook of the DSA. Consequently, disinformation is neglected in the media discourses and its political significance is therefore diminished.

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This paper reviews the responsibilities and liability of online marketplaces within the Digital Services Act (DSA) framework. The DSA, proposed by the European Union, represents a comprehensive legislative initiative to regulate digital platforms and intermediaries, with a particular emphasis on online marketplaces. Specifically, the focus of this paper is on the obligations imposed on online marketplaces, shedding light on the regulatory landscape governing their conduct and responsibilities. This paper aims to examine the implications of the extended responsibilities of online marketplaces under the DSA. The analysis explores potential changes in their levels of responsibility, obligations, and measures for handling user-generated content. Through this, the aim is to contribute to the debate on regulating digital platforms, shedding light on key aspects of online marketplace responsibilities. This is performed using a critical policy analysis methodology, examining the legal content of the DSA regulation, and analysing the practical consequences of its implementation, with a special focus on how the DSA ensures a responsible and sustainable retail environment and what the increased requirements mean for online marketplaces in practice.

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