ABOUT THE AUTHOR

Martin Senftleben

Martin Senftleben is a Professor of Intellectual Property and the Director of the Institute for Information Law (IViR) at the University of Amsterdam. He works as an Of Counsel at Bird & Bird, The Hague.

POSTS BY Martin Senftleben

21 February 2024

Martin Senftleben

Human Rights Outsourcing and Reliance on User Activism in the DSA

Article 14(4) of the Digital Services Act (DSA) places an obligation on providers of intermediary services, including online platforms hosting user-generated content (see Article 3(g) DSA), to apply content moderation systems in “a diligent, objective and proportionate manner.” Against this background, the approach taken in Article 14(4) DSA raises complex questions. Does the possibility of imposing fundamental rights obligations on intermediaries, such as online platforms, exempt the state power from the noble task of preventing inroads into fundamental rights itself? Can the legislator legitimately outsource the obligation to safeguard fundamental rights to private parties? Continue reading >>