Digital services act: eu commission wants to establish traffic lights for network

Digital Services Act: EU Commission wants to establish traffic lights for network

On wednesday, the EU commission published its long-awaited law package to reimburse the power of online platforms. With two regulations, the commission intends to set up new rules for services on the internet and strict antitrust regulations and make advertising transparent in the network. The goal is "A secure, foreseeable and trustworthy online environment", in the fundamental rights despite deep cuts "be effective".

The for digital status commission presentess margrethe vestager compared the ambitious project with the establishment of the very first traffic light in cleveland in 1914 to regulate increasing traffic. In the meantime, the traffic in the network has increased so, "that we have to bring order to chaos". Platforms therefore meet a due diligence. They had to remove illegal content, but also explain the users why was blocked, and give them a complaint. All involved should also receive information about how used algorithms work.

Platforms at the candy

Part of the bundels is the digital services act (DSA), with which in individual areas a paradigm change in the responsibility. Platforms must therefore prove that they are not "actual knowledge" have illegal content on their pages or "immediately" have traded to remove the content or block access. Otherwise they are liable.

Send covenous orders without judicial reserves to be sent to anti-illegal content. The affected must surprise no responsive message about the time taken at which time. The delicate topic of upload filters do not mention the author. However, these instruments could prove to be the only way out of responsibility for coarse suppliers.

The field of the unlawful content is far. Underneath fallable hass comments, terrorist content, for which one hour with a separate ordinance should apply from one hour, discriminatory content, representations sexual child abuse, the non-consensual distribution of private images, online stalking, the sale folded products and the unauthorized use of copyright tasted works.

Notice and action

To support the fight against such illegal content, hosting provider must be efficient according to article 14 "notice and action"-set up mechanisms. These are supposed to encourage individuals to report as unlawful comments or contributors to report and against it. This is strongly reminiscent of the network translation law.

Advertising-financed platforms must ensure that users can clearly recognize, unmistly and real-time for each indicated advertisement that it is advertising and who is behind. Lead "instructional information about the most important parameters", which are used to determine the receiver of the advertising message. The particularly controversial MICROARGETET also had to be revealed.

For bloggers and small journalistic portals, exceptions apply here, for large platforms in this and in other areas of sharp provisions. Platforms with more than 45 million active users in the EU have been forced to provide comprehensive access to stored data, as long as business secrets are not attributed. You should set archives to discover disinformation and illegal advertising stop.

Operators about social networks have to carry out quite rising risk assessments and examine how they deal with various systematic hazards as the dissemination of illegal content on the internet. Various remedies are to be paid out, for example, in the form of the stop of advertising payments for single-shot content or an extended visibility of reliable sources of information. Another edition: provider "unavailable at least once more clearly, easily lack of and exempt reports on the content moderation carried out by them in the period concerned". There are also algorithmic decisions and their human control.

New control body

The EU countries should one "coordinator for digital services" appoint, which guarantees the enforcement of the regulation. The inspectors could require that platforms pass on final data to researchers in order to investigate their striking activities. A european committee of coordinators should make sure that DSA is uniformly applied in the EU.

The commission intends to maintain the prohibition of general monitoring obligations from the e-commerce directive. This is "decisive for the fair compensation of fundamental rights in the online world". This approach is limited "also the incentives to online monitoring" and have "positive effects on the protection of personal data and the privacy".

With a view to the entrepreneurial freedom of the service providers, the costs incurred by a coarse harmonization of the internal market argued, the commission argues. For this purpose, mails came to reduce the burden on operators. So were about "repeated unjustified messages" prevents and "trustworthy" institutional whistling apparatus for potential illegal content by aging in advance.

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