The Digital Services Act – A Laudable Ambition, But Will it Deliver?

The EU has adopted the Digital Services Act (“DSA”) a ground-breaking legislation to make the internet a safer place, while also seeking to protect fundamental rights and to enhance consumer protection. This horizontal framework places important responsibilities on intermediary services, depending on their reach and size relating to the moderation of content. Other – more surprising aspects – are also covered such as online advertising and dark patterns, while the moderation of media services is not addressed (but is now covered in the Commission’s European Media Freedom Act). The DSA places a large emphasis on oversight and enforcement but will the DSA deliver or is it too ambitious?

By Michèle Ledger & Laura Sboarina^[1]

I. INTRODUCTION

The Regulation on a Single Market for Digital Services and amending Directive 2000/31/EC, nicknamed the Digital Services Act (“DSA”) was finally adopted on 4 October 2022, less than two years after it was first proposed by the European Commission. It was published in the Official Journal on October 27, 2022 and while some of its provisions will apply earlier, it will be directly applicable in the 27 Member States on February 17, 2024.^[2]

The DSA is a horizontal instrument introducing different tiers of obligations to be applied by online intermediaries (depending on their reach) to counter the dissemination of illegal and harmful content while also seeking to protect freedom of expression. At the same time, the