24 Juni 2021
The Digital Services Act wants you to “sue” Facebook over content decisions in private de facto courts
According to Art. 18 of the Commission’s draft for a Digital Services Act, Member States shall certify out-of-court dispute settlement bodies which might - at the request of online platform users - review platform decisions. While well-intentioned, this introduction of quasi-courts is incompatible with European Law. Continue reading >>
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27 April 2021
Ireland cannot do it alone
Due diligence obligations for online platforms are probably the most relevant aspect of the European Commission’s proposal for a Digital Services Act (DSA). However, the DSA's proposed oversight structure is based on the country of origin approach, which has proven difficult in the past. An alternative oversight model which would allow for all Member States, especially the ones who are willing and capable to spend resources to contribute to the oversight over very large platforms, is preferable. Continue reading >>
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05 Februar 2021
Shedding Light on the Darkness of Content Moderation
With the Facebook Oversight Board, we face a new age of private adjudication of online content, which promises an alternative system to enforce human rights on a global scale, while marginalising and hybridising constitutional values and democratic safeguards. Digital constitutionalism offers a framework to look at this new form of private adjudication of online content and its challenges. A look at the FOB’s first cases is an opportunity peek behind the scenes of content moderation, as well as a laboratory to study the transnational challenges which the information society has raised to global (digital) constitutionalism. Continue reading >>
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