Digital Services Act

Digital Services Act

News: The European Union (EU) has given final approval to online safety-focused legislation called Digital Services Act (DSA), which is an overhaul of the region’s social media and e-commerce rules.

About:
• As defined by the EU Commission, the DSA is ‘a set of common rules on intermediaries’ obligations and accountability across the single market’, and ensures higher protection to all EU users, irrespective of their country.
• It aims to tightly regulate the way intermediaries (google, Facebook) function when it pertains to moderating user content.

Features of DSA:
• It avoids one size fits all approach. For example, ‘Very Large Online Platforms’ (VLOPs) and ‘Very Large Online Search Engines’ (VLOSEs), that is platforms, having more than 45 million users in the EU, will have more stringent requirements compared to its compatriots. Thus, increased accountability on big tech companies.
• The European Commission will be responsible for centrally supervising these requirements and their enforcement.
• New procedures to be added to ensure faster removal of content deemed illegal or harmful. It will empower users of social media platforms to challenge takedown decisions (content) taken by platforms and seek out-of-court settlements’.
• VLOPs and VLOSEs will face transparency measures and scrutiny of how their algorithms work.
• Online platforms must ensure that users can easily identify advertisements and understand who presents or pays for the advertisement. They must not display personalized advertising directed towards minors or based on sensitive personal data.

What about India? Where do we stand in context of EU’s DSA?
• In February 2021, India had notified extensive changes to its social media regulations in the form of the Information Technology Rules, 2021 (IT Rules) which placed significant due diligence requirements on large social media platforms such as Facebook and Twitter.
• For example, appointing key personnel to handle law enforcement requests and user grievances, enabling identification of the first originator of information on its platforms under certain conditions.