Heldt (2022) Flashcards
Digital Services Act (DSA)
means to upgrade liability and safety rules for online platforms and tackle issues like disinformation and online hate messages to protect democracies. it ought to counteract the risks and problems arisen from individuals and society from the use of information intermediaries, against the dependence of the economy and society on single providers, and the power of these providers over public discourse.
E-Commerce-Directive
previously, the primary law for intermediary regulation. intermediaries had no obligation to monitor user-generated content.
liability privilege
platforms are not obligated to proactively review user content. this privilege remains in the DSA as long as platforms have no knowledge of illegal content. they have the obligation to act if they receive an order to act against an item of illegal content. platforms also need to have mechanisms where users can notify them of illegal content. providers then have to notify the user who posted the content when removing it.
Digital Services Coordinators
new oversight institution at the national level to monitor the addressees’ compliance with the DSA. they have special rights awarded by the DSA and common to all member states. they can impose fines, etc.
Board of Digital Services
an oversight institution to monitor the adressees’ compliance with the DSA at the EU level. it serves as an advisory body to the DSCs and the EU Commission and forms a superordinate structure intended to serve the purpose of better consultation and more effective application of the new rules. it facilitates better coordination of supervision activities by the DSCs. it will receive special rights for VLOPs (Very Large Online Platforms).
annual risk assessment
focuses on the usage of the services of VLOPs to disseminate illegal content and negative effects for fundamental rights arising out of their services, and ‘manipulation of their service’.
Democracy Action Plan (DAP)
for questions regarding content moderation and fundamental rights in democratic societies. it ought to ensure that citizens are able to participate in the democratic system through informed decision-making free from unlawful interference and manipulation.
