“DSA needs platforms to detect diseases and find solutions, under the supervision of the European Commission”

has Elon Musk bragged about the microblogging site he bought “liberation” The blue bird, Commissioner Thierry Breton, responded that the bird will fly in Europe according to European rules, thus referring to the newly enacted Digital Services Act (DSA). The Audiovisual and Digital Communications Regulatory Authority (ARCOM) has reminded the US company of its legal obligations to regulate online content and to ensure the fight against misinformation and hateful content.

Should we see in these exchanges a revolution in the way freedom of expression is regulated in Europe’s main platforms? The purpose of the DSA, registered by European institutions on October 19, 2022, is to make the fight against the dissemination of hateful or manipulative content more effective.

The main contribution of this European regulation is, in essence, to require large sites (ie those with more than 45 million monthly users in the EU) to carry out an annual analysis. “Systematic Risks” Arising from the design or operation of their services, it concerns the risks associated with the dissemination of illegal content or threats to the exercise of fundamental rights, and then proposing methodological and human solutions to mitigate these risks.

TSA seeks balance

Under the supervision of the European Commission, DSA requires platforms to identify diseases and find solutions. This apparent self-regulation, which may be surprising at first glance—some would say that the wolf is asking to take action to protect the sheepfold—is actually a form of collective-regulation that has already proven its worth to many. Fields both technical and complex.

This approach is very natural“Risk Analysis” Within the General Data Protection Regulation (GDPR) for so-called “high-risk” processing of personal data, such as online profiling, or future European regulations on artificial intelligence for AI applications, digital regulation is becoming increasingly widespread. Eligible for high risk such as automated lending systems.

The operator is clearly not on its own in this process, the DSA, like other digital regulations, tries to find a balance between accountability and self-regulation of platforms on the one hand, and regulatory requirements and limiting authorization powers on the other. arm

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