Euro-MPs set out position on illegal content online

Photo © aey – Fotolia

(STRASBOURG) – The European Parliament agreed a draft set of measures to tackle illegal online content Thursday, with the aim of ensuring platforms are held accountable for their algorithms and improve content moderation.

The text approved by the European Parliament will now be used as the mandate to negotiate with the French presidency of the Council, representing EU member states.

“Online platforms have become increasingly important in our daily life, bringing new opportunities, but also new risks,” said Christel Schaldemose MEP, who is leading the Parliament’s negotiating team: “It is our duty to make sure that what is illegal offline is illegal online. We need to ensure that we put in place digital rules to the benefit of consumers and citizens. Now we can enter into negotiations with the Council, and I believe we will be able to deliver on these issues.”

The Digital Services Act (DSA) proposal defines clear responsibilities and accountability for providers of intermediary services, and in particular online platforms, such as social media and marketplaces.

The DSA establishes a “notice and action” mechanism, as well as safeguards, for the removal of illegal products, services or content online. Providers of hosting services should act on receipt of such a notice “without undue delay, taking into account the type of illegal content that is being notified and the urgency of taking action”. MEPs also included stronger safeguards to ensure notices are processed in a non-arbitrary and non-discriminatory manner and with respect for fundamental rights, including the freedom of expression.

Online marketplaces must ensure that consumers can purchase safe products online, MEPs said, strengthening the obligation to trace traders (the “Know Your Business Customer” principle).

For very large online platforms (VLOPs), these will be subject to specific obligations due to the particular risks they pose regarding the dissemination of both illegal and harmful content. The DSA would help to tackle harmful content (which might not be illegal) and the spread of disinformation by including provisions on mandatory risk assessments, risk mitigation measures, independent audits and the transparency of so-called “recommender systems” (algorithms that determine what users see).

Negotiations will now begin between Parliament and Member States to agree a final text for the law.

Further information, European Parliament

The adopted text will be available here (20.01.2022)

DSA: procedure file

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