FREEDOM OF EXPRESSION ON THE INTERNET VS. DIGITAL SERVICES ACT
Home Research Details
Diana Treščáková

FREEDOM OF EXPRESSION ON THE INTERNET VS. DIGITAL SERVICES ACT

0.0 (0 ratings)

Introduction

Freedom of expression on the internet vs. Digital services act. Analyze the conflict between freedom of expression on the internet and the EU's Digital Services Act (DSA). Explore digital rights, platform regulation, and systemic risk mitigation.

0
9 views

Abstract

With the development of information technologies and the digitalization of every area of our lives, we are increasingly encountering violations of individuals’ digital rights, which can be classified among fundamental human rights and freedoms. Digital rights are not sufficiently protected on the internet. The use of information technologies also reveals vulnerable areas of our digital space. These vulnerable areas mainly include the field of e-commerce, online shopping, and active or passive participation on social networks, where massive data collection from individuals operating in the online space occurs. This raises questions regarding the adherence to ethical principles in the online environment. However, the issue is not limited to the protection of individuals’ personal data and their privacy, but also extends to the overall activities of various entities operating online. It is evident that internet platforms are gaining in power and need to be legally regulated. At the level of the European Union, a regulation—the Digital Services Act (hereinafter referred to as DSA)—has therefore been adopted with the aim of both regulating online platforms and protecting users themselves. The aim of this article is to analyze digital rights and their observance on the internet. It is necessary to ask whether these digital rights are adequately protected by current legislation. In this context, the author will focus on the controversial issue of the relationship between freedom of expression and the principles established in the DSA. For this purpose, specific provisions of the DSA will be analyzed, in particular Articles 34 and 35, which introduce the obligation to identify and mitigate systemic risks by very large online platforms (VLOPs) and very large online search engines (VLOSEs). To achieve the stated goals, standard scientific research methods will be used—primarily those typical of the social sciences, even though the topic overlaps with the field of technology. These methods will be specifically applied in processing the collected data, evaluating them, and formulating conclusions. To examine the raised questions and achieve the defined goals, we will primarily use formal-logical methods, comparative methods, and methods of historical, economic, and legal analysis. In addition, methods of induction, deduction, synthesis, interpretation of legal norms, and abstraction will also be employed.


Review

This article addresses a highly pertinent and timely issue at the intersection of technological advancement and fundamental human rights: the protection of digital rights and freedom of expression in the online environment, particularly in light of the European Union's Digital Services Act (DSA). The abstract effectively frames the core problem, highlighting the increasing violations of digital rights due to the power of internet platforms and the pervasive collection of personal data across e-commerce and social networks. It correctly identifies the need for legal regulation to address these vulnerable areas and introduces the DSA as a pivotal legislative response designed to both regulate platforms and safeguard users. The paper's primary aim to analyze the observance of digital rights on the internet and assess the adequacy of current legislation, specifically focusing on the controversial relationship between freedom of expression and the DSA, sets a clear and relevant research agenda. The proposed analysis will delve into specific provisions of the DSA, with a particular emphasis on Articles 34 and 35. These articles, concerning the obligation for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) to identify and mitigate systemic risks, are crucial for understanding the practical implications of the DSA for platform governance and content moderation, and by extension, freedom of expression. The abstract outlines a comprehensive methodological approach, drawing heavily on social sciences methods such as formal-logical, comparative, historical, economic, and legal analysis, alongside induction, deduction, synthesis, interpretation of legal norms, and abstraction. While this extensive list suggests a rigorous analytical framework, the challenge will be to demonstrate the depth and specific application of each method in processing data, evaluating findings, and formulating precise conclusions within the scope of a single article. Overall, the article promises a valuable contribution to the discourse surrounding digital rights, platform regulation, and freedom of expression in the EU context. Its focus on the DSA, particularly the systemic risk provisions, offers a granular examination of how new legislation seeks to balance competing interests in the digital space. The emphasis on the "controversial issue" of freedom of expression against DSA principles suggests a critical engagement that could provide crucial insights for policymakers, legal scholars, and platform operators. To maximize its impact, the article will need to clearly articulate how its diverse methodological toolkit translates into a nuanced and evidence-backed argument regarding the effectiveness of the DSA in achieving its stated aims while upholding fundamental freedoms.


Full Text

You need to be logged in to view the full text and Download file of this article - FREEDOM OF EXPRESSION ON THE INTERNET VS. DIGITAL SERVICES ACT from EU and comparative law issues and challenges series (ECLIC) .

Login to View Full Text And Download

Comments


You need to be logged in to post a comment.