Regulating Digital Platforms: Will the DSA Correct Its Predecessor’s Deficiencies?
The E-Commerce Directive 2000/31 (ECD) has been the law applicable to Internet intermediaries related to their liability for third-party content on their platform, electronic contracts, and e-commerce activities for more than twenty years. Its core is the harmonised immunity regime established in Articles 12–15. These rules grant immunity to the providers of mere conduit, caching, and hosting from liability arising from infringing content made available by their users on their platform. However, the ECD has been criticised for not fully achieving its objective of uniformity, not keeping up with the pace of the Internet, and not effectively protecting the parties’ fundamental rights as it gives crucial discretion to the intermediaries. The ECD is to be replaced with the Digital Services Act (DSA). The aim is to regulate new means of digital services (especially Big Tech) while benefiting from their ‘technical and operational ability to act against specific items of illegal content’ in preventing the availability of illegal content and protecting fundamental rights. Its framework is based on the prevailing idea of acknowledging digital platforms as responsible actors. It establishes new sets of tiered due-diligence obligations for digital platforms to comply with while reproducing the immunity regime of the ECD. Its framework appears to target those issues arising from the ECD. However, whether it can deliver this promise calls for discussion. This paper aims to address this question. To do so, it will first try to identify the deficits of the ECD. Second, and more importantly, it will seek to scrutinise the DSA to evaluate if it provides the answers to the issues that the ECD fell short of.
Keywords: digital platforms, liability, immunity regime, E-Commerce Directive, Digital Services Act.
This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License.
Suggested citation: B Genç-Gelgeç, ‘Regulating Digital Platforms: Will the DSA Correct Its Predecessor’s Deficiencies?’ (2022) 18 CYELP 25.
How to Cite
Copyright (c) 2022 Berrak Genç-Gelgeç
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
All manuscripts published in CYELP are licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. This permits anyone to copy and redistribute their work in any medium or format for non-commercial purposes provided the original work and source are appropriately cited.
For all manuscripts published in CYELP, the copyright remains with the author(s). This means that the author(s) grant the right of first publication to the Yearbook, while retaining the copyright to their manuscripts (accepted for publication or published in CYELP), and may republish these, in full or in part, in other publications, books or materials. However, the following conditions should be met:
- the manuscript is published open access;
- when reusing the manuscript, the original source of publication must be properly acknowledged and referenced;
- the manuscript remains published by CYELP on its website;
- the manuscript is licensed under the Creative Commons Attribution − Non Commercial − No Derivatives 4.0 International License.