Full Description
Numerous questions were at the heart of parliamentary discussions over the provisions of the Digital Services Act (DSA), the EU's new regulatory framework for digital services in Europe. How should liberal democracies prevent illegal and harmful activities online and protect fundamental rights? How should digital service providers assess the impact of their technology on others? And how should technology companies moderate user-generated content? Principles of the Digital Services Act analyses the DSA's key provisions, dissecting its mechanisms and components, to understand the new law's likely impact on digital services in Europe and beyond.
The book puts the new legal framework into its political, economic, and social contexts by explaining its grounding within the frameworks of economic regulation and human rights. It examines the European legislature's approach to the DSA, offering a detailed historical account of the legislative and pre-legislative process. The book argues that the envisaged regulatory system has the potential to boost trust in the digital environment. However, its mechanisms must be able to rely on the robust network of civil society organisations and the regulators should follow a set of principles. In this way, the DSA's goal can be achieved through means that are firmly aligned with respect for individual liberties, including the freedom of expression.
Combining academic research with practical insights, Principles of the Digital Services Act offers a robust analysis into how to apply and further develop the most important tools of the DSA to rebuild trust in the digital environment.
Contents
Part I: Introduction
1: Introduction: Taming the Powers
2: Overview of the DSA
3: Human rights
Part II: Liability
4: Introduction to Liability Framework
5: Prohibition of general monitoring obligations
6: Liability Exemptions: General Requirements
7: Liability Exemptions: Specific Services
8: Injunctions and Orders
Part III: Accountability
9: Introduction to Accountability framework
10: Content Moderation: Outline
11: Fair Moderation Process
12: Fair Content Rules
13: Risk-Based Approach to Digital Services
14: Fair Design Practices
15: General Risk Management
16: Transparency
Part IV: DSA as a Policy Tool
17: DSA as a Cornerstone of the EU Single Market
18: DSA as a Digital Rights Charter
19: DSA as a Mixed Enforcement System
20: DSA as a Co-Regulatory System
Part V: Outlook
21: Principles
