DSA Enforcement Shifts Focus to Global Human Rights

The Digital Services Act (DSA) is set to shape global tech governance, but only if it puts human rights at the center of its enforcement.

This week, the DSA Human Rights Alliance released a set of principles aimed at ensuring the European Union's landmark legislation not only serves its intended purpose but also incorporates a diverse range of perspectives during its enforcement phase. Founded in 2021 by the Electronic Frontier Foundation (EFF) and Access Now, the Alliance emphasizes that the DSA's impact goes beyond its textual provisions; it is contingent upon how these provisions are interpreted and enforced in practice.

The DSA, which aims to regulate online platforms and increase accountability for tech companies, is one of the most significant legislative efforts in recent years to address the complex relationship between technology and society. But the DSA Human Rights Alliance argues that to fulfill its promise, the enforcement process must be inclusive. The newly published report, titled "Principles for a Human Rights-Centred Application of the DSA: A Global Perspective," outlines specific recommendations for both the European Commission, the DSA's main enforcer, and national regulators.

One of the critical insights from the report is the emphasis on meaningful stakeholder engagement. The principles advocate for the inclusion of civil society organizations in the enforcement process, providing them with a platform to share their expertise and experiences. This approach recognizes that technology's intersection with governance is not merely a matter of regulatory compliance but one that deeply affects the lives of everyday people.

For instance, if platforms are held accountable for harmful content but civil society is excluded from the conversation, the resulting regulations may fail to address the real-world implications of online harm. This could lead to an enforcement framework that is either overly punitive or too lenient, ultimately failing to protect users adequately.

Moreover, as the DSA sets a precedent for digital governance beyond the EU, the report highlights the importance of a global perspective. Regulators outside Europe are closely watching the DSA as a potential reference framework. Therefore, how the EU interprets and enforces this regulation could influence digital policy worldwide. This global lens is essential in ensuring that human rights considerations are not only a European concern but part of a broader international dialogue.

Policy documents show that the DSA is not merely a static set of rules; it is a living framework that will evolve based on how stakeholders engage with it. The report stresses that the success of the DSA hinges on its ability to adapt to the voices of those it affects, particularly marginalized communities who often face the brunt of online harms.

The DSA Human Rights Alliance's recommendations also suggest that regulators should actively solicit input from various groups, including marginalized communities, to ensure their needs and concerns are adequately represented. This engagement is crucial not just for the legislation's efficacy but also for its legitimacy. If people feel that their voices are heard in the regulatory process, it enhances trust in the system, which is vital for any governance framework.

The principles presented in this report are not merely idealistic; they reflect a pragmatic understanding of the complexities involved in regulating technology. As enforcement begins, stakeholders must recognize that the DSA's success will depend on a collaborative approach that prioritizes human rights and inclusivity.

As we look to the future, the DSA's implementation could either become a model for responsible tech governance worldwide or serve as a cautionary tale of what happens when regulations are enforced without a comprehensive understanding of their social implications. The coming months will be critical in determining which path the EU will take.

Sources

DSA Human Rights Alliance Publishes Principles Calling for DSA Enforcement to Incorporate Global Perspectives