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.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-526246 |
| Date | January 2023 |
| Creators | Persson, Signe |
| Publisher | Uppsala universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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