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 provide a safe, predictable and trusted online environment that facilitates innovation and protects the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union (the Charter[2]), such as the freedom of expression.
The DSA does not regulate online content, nor does it define what constitutes illegal content[3]. The DSA 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 enforcement of orders falls under the competence of the relevant national judicial or administrative authorities[4].
Nothing in the DSA can be read as permitting the arbitrary use of power. The risk of arbitrary use of powers is mitigated by minimum conditions[5] on issuing and processing of orders of national authorities.
These require the possibility of effective remedy and transparency, by informing users about content removal and reasons thereof, and applicable means of redress.
The Commission notes that decisions of the President of the Office of Electronic Communications are subject to such judicial control and that the DSA sets out clear independence criteria for the Digital Services Coordinators, who are to perform their tasks in an impartial, transparent and independent manner[6].
The Commission will remain vigilant concerning compliance with the above requirements for Digital Services Coordinators under the DSA.
- [1] Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), OJ L 277, 27.10.2022, p. 1-102 https://eur-lex.europa.eu/eli/reg/2022/2065/oj/eng
- [2] Charter of Fundamental Rights of the European Union, OJ C 326, 26.10.2012, p. 391-407: https://eur-lex.europa.eu/eli/treaty/char_2012/oj/eng
- [3] Article 3(h) of Regulation (EU) 2022/2065.
- [4] Article 9 of Regulation (EU) 2022/2065.
- [5] Idem.
- [6] Article 50 of Regulation (EU) 2022/2065.