Source: European Parliament
The Commission is committed to protecting freedom of expression as one of the fundamental rights both offline and online. The Digital Services Act (DSA)[1] aims to ensure a safe, predictable and trusted online environment that facilitates innovation and protects the fundamental rights enshrined in the Charter, such as the freedom of expression.
It sets out rules and responsibilities for online intermediaries to tackle illegal content (as defined in national and EU law) , while safeguarding freedom of expression and information. The DSA does not regulate online content, nor does it define what is illegal content.
Instead, the DSA imposes due diligence obligations on providers of hosting services, requiring them to set up notice and action mechanisms for users to report illegal content and to act once they are notified that illegal content is accessible on their services in the EU.
The DSA also mandates transparency for content moderation actions. For instance, when certain items of information are restricted on the grounds that the information provided by the recipients constitutes illegal content, the concerned user must be informed inter alia on the reasons, on the facts and circumstances relied on taking the decision and on the possibilities to redress such decision.
The Commission opened proceedings against several very large online platforms, including Meta’s Facebook and Instagram in April[2] and May 2024[3].
The Commission is monitoring the functioning of Meta’s services to ensure compliance with the DSA and can open additional proceedings, should this be necessary.
The European Democracy Shield will protect and promote democracy in the EU, in full respect of fundamental rights such as freedom of expression.