The boom of social networks and online businesses are a reality that none of us remains indifferent to, regardless of age, profession, or social status, and it has brought with it a series of concerns and "dangers" associated with the digital environment and commerce. The spread of misinformation, the propagation of hate speech, the emergence of "cancel culture", and the increase in illegal content are contemporary challenges that have long deserved a more robust and comprehensive regulation.
In response to these concerns and aiming to establish harmonized obligations of transparency, responsibility, and diligence of digital service providers towards users and consumers, the DSA ("Digital Services Act") emerges.
In a borderless ecosystem, the DSA aims to and applies to all intermediary services offered to service recipients in the EU, regardless of where the providers of these services are established. It is a comprehensive legislative measure that imposes responsibility and diligence requirements on all digital intermediary service providers, containing a set of rules aimed at regulating online platforms and promoting fairness and transparency in the digital market.
It is important to note that, in addition to the obligations it imposes, the DSA also establishes a series of rules aimed at protecting the fundamental rights of consumers (of goods/services/contents). These rights include freedom of thought, freedom of expression, freedom of information, and freedom of opinion without manipulation.
Furthermore, providers of goods or services as well as content creators, such as influencers, are now afforded greater protection, as the DSA includes the right to lodge complaints directly with platforms, which must be followed up by qualified personnel in a timely and non-discriminatory manner. Platforms are also required, for reasons of transparency, to provide clear, reasoned, and specific grounds for their content moderation decisions.
In other words, practices such as Shadow Banning, Throttling, Ghosting, or others, all of which are redundant from the practice of Algorithmic Suppression and/or Distortion, can now be evaluated within the admirable new world of the DSA, governed by a sense of ubiquity aimed at achieving a safe, reliable, and transparent digital environment.
In Portugal, the Government approved, on February 8, 2024, the Decree-Law designating ANACOM as the competent authority and coordinator of digital services in Portugal. Alongside ANACOM, the legislation also defines the Regulatory Authority for the Media (ERC) as the competent authority for media communication and other media content, and the Inspectorate General for Cultural Activities (IGAC) as the competent authority for copyright and related rights, thus complying with Regulation (EU) 2022/2065 of the European Parliament and of the Council on a single market for digital services.
Non-compliance with DSA obligations will be punished with financial penalties to be determined based on the provider's worldwide turnover.
Belzuz Abogados has experienced Lawyers in Digital and Regulatory Law who can provide legal advice on this matter.
Departamento Direito Comercial e Societário | (Portugal)
Belzuz Abogados SLP
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