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Principles of the Digital Services Act

Principles of the Digital Services Act

Author: Martin Husovec
Publisher: Oxford University Press
ISBN: 9780192882455
Published In: August 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Numerous questions were at the heart of parliamentary discussions over the provisions of the Digital Services Act (DSA), the EU's new regulatory framework for digital services in Europe. How should liberal democracies prevent illegal and harmful activities online and protect fundamental rights? How should digital service providers assess the impact of their technology on others? And how should technology companies moderate user-generated content? Principles of the Digital Services Act analyses the DSA's key provisions, dissecting its mechanisms and components, to understand the new law's likely impact on digital services in Europe and beyond.

This book puts the new legal framework into its political, economic, and social contexts by explaining its grounding within the frameworks of economic regulation and human rights. It examines the European legislature's approach to the DSA, offering a detailed historical account of the legislative and pre-legislative process. The book argues that the envisaged regulatory system has the potential to boost trust in the digital environment. However, its mechanisms must be able to rely on the robust network of civil society organisations and the regulators should follow a set of principles. In this way, the DSA's goal can be achieved through means that are firmly aligned with respect for individual liberties, including the freedom of expression.

Combining academic research with practical insights, Principles of the Digital Services Act offers a robust analysis into how to apply and further develop the most important tools of the DSA to rebuild trust in the digital environment.

Martin Husovec is an Associate Professor of Law at The London School of Economics and Political Science (LSE). His scholarship deals with questions of innovation policy and digital liberties, particularly intellectual property law, platform regulation, and freedom of expression. Martin obtained his Ph.D. from the Max Planck Institute for Innovation and Competition, and has held visiting appointments at Stanford Law School (2014), the Japanese Institute for Intellectual Property (2015), the Central European University (2018) the European University Institute (2018), and Cambridge University (2019).

Part I: Introduction
1:Introduction: Taming the Powers
2:Overview of the DSA
3:Human rights

Part II: Liability
4:Introduction to Liability Framework
5:Prohibition of general monitoring obligations
6:Liability Exemptions: General Requirements
7:Liability Exemptions: Specific Services
8:Injunctions and Orders

Part III: Accountability
9:Introduction to Accountability framework
10:Content Moderation: Outline
11:Fair Moderation Process
12:Fair Content Rules
13:Risk-Based Approach to Digital Services
14:Fair Design Practices
15:General Risk Management
16:Transparency

Part IV: DSA as a Policy Tool
17:DSA as a Cornerstone of the EU Single Market
18:DSA as a Digital Rights Charter
19:DSA as a Mixed Enforcement System
20:DSA as a Co-Regulatory System

Part V: Outlook
21:Principles