EU's Digital Services Act Faces Challenges in Moderation, Scalability, and Dispute Resolution
The EU's Digital Services Act (DSA) aims to establish a harmonized content moderation system across the bloc. However, recent proposals could result in legal fragmentation and slow down moderation processes. The DSA also faces challenges in ensuring scalability and effective conflict resolution.
The DSA seeks to empower users and consumers while maintaining good content moderation practices. However, current proposals may result in the same content being treated differently across Member States, leading to legal fragmentation.
The DSA's conflict resolution system is under threat. An organization, implied to be the European Digital Platform Organisation, has proposed changes that could allow challenging and appealing of content moderation decisions. This could hinder the functionality of the DSA's conflict resolution system.
To ensure effective implementation, the DSA rules must be operationally scalable. This is particularly important for small and medium-sized platforms. Policy makers should consider the heightened due diligence requirements and systemic approach already contained in the DSA when developing conflict resolution systems.
Requiring human review for all appeals could be impractical due to the vast amount of content uploaded and the broad scope of appealable elements. However, decisions made by out-of-court bodies under the DSA should be appealable in regular courts to ensure legal certainty.
The DSA's goal is to create an effective, user-friendly, and timely conflict resolution system. However, recent amendments expanding the scope of internal complaint-handling systems may risk their functionality. The DSA redress mechanism should ensure consistency with existing European frameworks and avoid duplication. Striking the right balance between user empowerment, content moderation, and legal certainty remains a key challenge for the DSA.
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