The EU intermediary liability regime has been criticized for limiting the effective exercise of the right to freedom of expression. By providing conditional liability exemptions, the E-Commerce Directive incentivizes overbroad take downs of content. Under the doctrine of positive obligations and effective protection, the legislature must actively protect fundamental rights, including the right to freedom of expression. Removal mechanisms, therefore, should come equipped with safeguards that promote a fair balance between different rights at stake. The proposal for a DSA attempts to ensure more protection for fundamental rights online. Recital 22, in particular, states that the “removal or disabling of access should be undertaken in the observance of the principle of freedom of expression”. To achieve this goal, the DSA introduces a number of safeguards but are they going far enough?
In her talk, Aleksandra will discuss the safeguards that are already included and discuss possible improvements.
- Safeguards for Freedom of Expression in the Era of Online Gatekeeping: http://bit.ly/2Ogvu7S
- The Good Samaritan that wasn’t: voluntary monitoring under the (draft) Digital Services Act: https://bit.ly/3e4w4QV