Digital Services Act (DSA)
April 27, 2023

Why in News?

  • The European Union (EU) has confirmed the names of 19 platforms that will be subject to its landmark online content rules.
    • Five subsidiaries of Google’s parent Alphabet, two Meta units, two Microsoft businesses, Apple’s AppStore, Twitter, and Alibaba’s AliExpress are among the entities that the EU has identified.
  • The rules notified under the Digital Services Act (DSA), aim at overhauling the EU’s social media and e-commerce rules.

What’s in today’s article?

  • Digital Services Act (DSA)

What is Digital Services Act (DSA)?

  • It is an EU regulation which came into force in EU law in November 2022 and will be directly applicable across the EU.
  • The act aims to address several issues related to digital services, including online safety, content moderation, and the responsibilities of online platforms.
  • The legislation includes new rules for large online platforms, such as social media networks and online marketplaces, to ensure greater accountability and transparency in their operations.
  • Goals
    • To create a safer digital space in which the fundamental rights of all users of digital services are protected;
    • To establish a level playing field to foster innovation, growth, and competitiveness, both in the European Single Market and globally.

What are the key features of the Digital Services Act?

  • Faster removals and provisions to challenge
    • Social media companies will have to add new procedures for faster removal of content deemed illegal or harmful.
    • They will also have to explain to users how their content takedown policy works.
    • The DSA also allows for users to challenge takedown decisions taken by platforms and seek out-of-court settlements.
  • Bigger platforms have greater responsibility
    • Very Large Online Platforms and Very Large Online Search Engines, those having more than 45 million users in the EU, will have more stringent requirements.
    • Hence, the law avoids a one-size fits all approach and places increased accountability on the Big Tech companies.
  • Direct supervision by European Commission
    • These requirements and their enforcement will be centrally supervised by the European Commission itself.
    • This is to ensure that companies do not sidestep the legislation at the member-state level.
  • More transparency on how algorithms work
    • Very Large Online Platforms and Very Large Online Search Engines will face transparency measures and scrutiny of how their algorithms work.
    • They will be required to conduct systemic risk analysis and reduction to drive accountability about the society impacts of their products.
  • Clearer identifiers for ads and who’s paying for them
    • Online platforms must ensure that users can easily identify advertisements and understand who presents or pays for the advertisement.
    • They must not display personalised advertising directed towards minors or based on sensitive personal data.

How does the EU’s DSA compare with India’s online laws?

  • Information Technology Rules, 2021
    • In February 2021, India had notified extensive changes to its social media regulations in the form of the Information Technology Rules, 2021 (IT Rules).
    • These rules placed significant due diligence requirements on large social media platforms such as Meta and Twitter. This included:
      • Appointing key personnel to handle law enforcement requests and user grievances,
      • Enabling identification of the first originator of the information on its platform under certain conditions,
      • Deploying technology-based measures on a best-effort basis to identify certain types of content.
  • Amendments to the IT Rules
    • In 2023, with a view to make the Internet open, safe and trusted, and accountable, the IT Ministry notified the creation of government-backed grievance appellate committees.
    • These committees would have the authority to review and revoke content moderation decisions taken by platforms.
  • Other laws
    • India is also working on a complete overhaul of its technology policies and is expected to soon come out with a replacement of its IT Act, 2000.
    • This law is expected to look at ensuring net neutrality and algorithmic accountability of social media platforms, among other things.

 

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