Simona Rudohradská

PRACTICAL APPLICATION OF THE DIGITAL SERVICES ACT - THE CASE OF THE SLOVAK REPUBLIC

Introduction

Practical application of the digital services act - the case of the slovak republic. Examine the practical application and implementation of the Digital Services Act (DSA) in the Slovak Republic. Analyze media service council decisions on illegal content under national and EU law.

Abstract

The Digital Services Act is currently receiving significant attention not only from experts but also from the general public. As stated in Article 93 of the DSA, the regulation will be fully applicable from February 17, 2024. Member States were required to incorporate its provisions into their national legal systems and begin its practical implementation. The submitted paper addresses the issues associated with implementation of the Digital Services Act into the legal system of the Slovak Republic, which adopted DSA through amendment of the law, No. 264/2022 Coll., on media services. In the context of the Slovak Republic, we are currently witnessing the first decisions of the Council for Media Services, which imposed an obligation to remove illegal content. The objective of this paper is to examine the process of implementation and application of the Digital Services Act and analyse the relevant decisions of the Council for Media Services, focusing on comparison of the concept of illegal content under national Slovak law and European Union law.

Review

This paper addresses a highly topical and critically important subject: the practical application of the Digital Services Act (DSA) within a specific Member State, the Slovak Republic. Given the DSA's recent full applicability from February 17, 2024, and the imperative for national transposition, the study's focus on actual implementation and early administrative decisions is exceptionally timely. The abstract clearly identifies a crucial area of research, moving beyond theoretical discussions to examine the real-world challenges and processes of integrating complex EU digital law into national legal systems, thereby offering valuable insights into a live and evolving regulatory landscape. A significant strength of the proposed research lies in its commitment to examining the "first decisions" of the Council for Media Services in Slovakia, particularly those related to the removal of illegal content. This empirical approach, grounded in concrete case studies, offers invaluable insights into how the DSA's provisions are being interpreted and enforced at the national level. The objective to compare the concept of illegal content under national Slovak law (specifically through the amendment of Law No. 264/2022 Coll.) and European Union law is particularly commendable, as definitional alignment and potential discrepancies are often at the heart of implementation difficulties. This detailed analysis promises to shed light on potential friction points or successful harmonizations, providing a valuable blueprint for other Member States grappling with similar issues. While the abstract outlines a compelling scope, the paper could be further strengthened by elaborating on the analytical framework beyond mere comparison. For instance, considering the broader implications of these initial decisions – such as their impact on freedom of expression, the procedural safeguards for users and platforms, or the effectiveness of enforcement mechanisms – would add another layer of depth. Furthermore, explicitly stating the paper's unique contribution to the existing literature on DSA implementation, perhaps by highlighting specific legal or practical insights gleaned from the Slovak context that are generalizable or particularly challenging, would enhance its academic impact. Despite the nascent stage of DSA application, which might inherently limit the breadth of conclusions, a robust discussion of initial challenges, successes, and anticipated future developments would greatly enrich the analysis.

Full Text

Comments

You need to be logged in to post a comment.