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DSA #8 Safeguards for Freedom of Expression in the DSA
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

May 27, 2021 03:00 PM in Brussels

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Speakers

Aleksandra Kuczerawy
She is a Postdoctoral Research Fellow at Centre for IT and IP (CiTiP) at KU Leuven. Aleksandra conducted her PhD research in the area of intermediary liability and human rights. Her research was published as a book “Intermediary Liability and Freedom of Expression in the EU: from concepts to safeguards’’. She regularly publishes on the topics of freedom of expression, and intermediary liability focusing mainly on substantive and procedural safeguards in regulation of different types of content (terrorist content, copyright, disinformation, and hate speech). She is also a lecturer in Media Law at the KU Leuven programme Master of Intellectual Property and ICT Law (LL.M.). Since 2020 Aleksandra is a member of a CoE Committee of Experts on Freedom of Expression and Digital Technologies (MSI-DIG). See the full list of publications: https://bit.ly/2NZ5RZl