EU's Digital Services Act: A Human Rights Game Changer?

The Digital Services Act (DSA) is about to redefine how tech platforms operate in Europe—and beyond.

As enforcement of the DSA looms, the recently published Principles for a Human Rights-Centered Application of the DSA by the DSA Human Rights Alliance underscores the urgent need for a human rights-based approach to platform governance. This initiative, born from the collaboration of organizations like the Electronic Frontier Foundation (EFF) and Access Now, aims to ensure that diverse global perspectives are considered as the EU prepares to implement this landmark legislation.

The DSA, which applies to a wide range of online services, from social media giants to smaller platforms, seeks to establish a more accountable digital landscape. It requires platforms to take responsibility for the content they host, including provisions to combat illegal content and disinformation. However, the effectiveness of the DSA will hinge not just on its text, but on how it is enforced.

The Principles published by the Alliance call for the inclusion of civil society organizations in the enforcement process, recognizing that the voices of those directly affected by platform policies are crucial for creating fair and just regulations. With the DSA set to take effect on March 1, 2024, these recommendations serve as a timely reminder that simply having rules in place is not enough; the manner in which they are enacted can significantly influence their impact on users and society at large.

The report emphasizes meaningful stakeholder engagement, suggesting that regulators should actively involve civil society in discussions about compliance and accountability. This approach not only helps to democratize the enforcement process but also can lead to more nuanced understandings of how regulations affect different communities. The DSA Human Rights Alliance points out that the regulatory landscape is not uniform; it varies by context, and the stakes are high for marginalized groups who may be disproportionately affected by online harms.

From an industry perspective, the DSA introduces a new level of complexity for compliance officers and tech executives. Companies must prepare to navigate a regulatory environment where penalties for non-compliance can reach up to 6% of a company's annual global turnover. This could translate to fines in the millions, depending on the size of the organization—a strong incentive for platforms to prioritize compliance and human rights considerations in their operations.

The DSA will also have implications beyond Europe. The Alliance's guidance suggests that regulators outside the EU may look to the DSA as a model for their own digital governance frameworks. As countries around the world grapple with how to manage online platforms, the DSA could serve as a reference point, influencing legislation and practices globally. This international perspective is crucial, as the challenges of digital governance do not recognize borders, and a coordinated approach may be necessary to address these issues effectively.

Moreover, the DSA's emphasis on human rights could set a precedent for how technology and governance intersect in the future. As regulators and tech companies navigate this evolving landscape, the integration of human rights standards into regulatory frameworks may become a best practice rather than an exception.

The upcoming enforcement of the DSA marks a significant shift in the relationship between tech platforms and the communities they serve. As the principles outlined by the DSA Human Rights Alliance take center stage, the hope is that a more equitable and responsible digital environment will emerge—one where the rights of all users are prioritized.

The stakes are high, and the next few years will be critical in determining how effectively the DSA can balance innovation with protection, accountability with flexibility. For policy professionals, compliance officers, and tech executives, understanding this balance will be essential in navigating the complexities of the new regulatory landscape.

Sources

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