Europe’s new role in digital regulation | مركز سمت للدراسات

Europe’s new role in digital regulation

Date & time : Saturday, 9 September 2023

 Rarely has the European Union been so quick to act. Less than 18 months after being presented to the European Parliament, the new Digital Services Act (DSA) package came into force on Friday, August 25. This measure obliges major internet platforms (social networks, search engines, e-commerce sites, and so on) to regulate their content and practices. Following the implementation of the General Data Protection Regulation five years ago and the Digital Markets Act in May, the European Commission now has a wide-ranging arsenal of legislation to curb the power of internet giants.

Brussels has avoided the trap of setting itself up as a ubiquitous police officer. Attempting to tackle head-on all forms of disinformation, harassment and manipulation of opinion is a challenge far too complex to be effectively tackled by the Commission alone. It will be up to the internet platforms themselves to ensure compliance with the rules laid down by the EU and prevent any excesses, on pain of heavy financial penalties or even exclusion from the European market. This is where the EU comes into its own: It has the economic and legal clout to limit the power of the platforms, which no national regulator is able to do.

Internet giants will be forced to remove potentially problematic content that, in the real world, already falls within the scope of the law. They will also be required to prevent the mass distribution of such content by controlling the way it is selected and highlighted by their algorithms. Finally, players will have to be more transparent with users about content recommendations and advertising targeting. Users will even be able to opt-out under certain conditions. While this does not mean reversing the balance of power, it does represent a necessary rebalancing.

Obsession with profit

The EU has therefore become the first to attempt to strike a fair balance between the laissez-faire approach prevalent in the US and the authoritarian, protectionist censorship exercised by Xi Jinping’s China. Although the European initiative was initially seen as an admission of powerlessness, given the inability of the EU to compete with its own internet heavyweights, has come to be seen as an obvious response to the abuses observed.

Through a lack of determination, but above all an obsession with profit to the detriment of user protection, these digital giants have demonstrated their inability to regulate themselves effectively. From this point of view, the DSA fills a legal void that urgently needed to be filled. The race to innovate cannot justify continuing to allow these companies to operate without safeguards. By promoting divisive content in order to generate maximum reaction, they are fuelling polarization in society and disrupting the democratic process.

The fact that most of the major platforms seem willing to play along is an encouraging sign. However, this does not necessarily guarantee the effectiveness of the system. It is likely to alter the business models of these companies, and therefore their revenues. Some will be tempted to test the limits of the new regulation and the EU’s ability to sanction any infringements. The first few months of application will be decisive in establishing the credibility of the DSA.

   Source: Le Monde

MailList

Subscripe to be the first to know about our updates!

Follow US

Follow our latest news and services through our Twitter account