EU Commission launches public consultation for DSA implementing regulation

The Commission is inviting feedback on the implementation of regulation from providers of intermediary services, civil society organisations, researchers, and other stakeholders until January 24, 2024, and the regulation is scheduled for adoption in the early months of next year.

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The European Commission has initiated a public consultation regarding the Implementing Regulation governing transparency reporting under the Digital Services Act (DSA). The DSA mandates that providers of intermediary services and online platforms release periodic transparency reports on content moderation. These reports should include orders from member states’ authorities, human resources dedicated to content moderation, voluntarily removed accounts and content, and automated content moderation systems’ accuracy and error rate.

As of November 2023, Very Large Online Platforms and Search Engines have already issued their initial reports. The objective of the Implementing Regulation is to enhance the quality and standardisation of these reports. It does so by specifying the format and content, stipulating mandatory templates, and standardising reporting periods for all service providers.

Why does it matter?

With its implementation, surveillance, and legal challenges, the DSA is a source of controversy for regulators, civil society, and companies alike. As highlighted by a recent collaboration between the Italian media regulator, Autorità per le Garanzie nelle Comunicazioni (AGCOM), and the EU, enhancing the European Commission’s capacity to identify and assess potential systemic risks linked to the DSA is essential. The DSA’s strict online content regulations, with possible fines of 6% of total global revenues for non-compliant companies, have also added to the significance of properly implementing this legislation and labeling companies (as shown by Amazon’s recent court case).

Therefore, the public consultation on the Implementing Regulation under the DSA is a crucial step towards combating the crucial issues of misinformation, improving transparency reporting, and clarifying the obligations of VLOPs. By inviting feedback from a wide range of stakeholders, the European Commission is working to ensure that the regulation is effective, fair, and responsive to the needs and concerns of all parties involved