Systemic Risks Under The Digital Services Act.

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Systemic Risks Under The Digital Services Act.

 

Scroll through and read the overview of our webinar on systemic risks under the DSA

 

 

 

Marie Seck, Centre for Democracy and Technology Europe: Presentation

The upcoming review of the Digital Services Act (DSA) in 2027 will take place in a challenging political context, marked by growing calls for deregulation and increasing opposition to digital regulation. Against this backdrop, the DSA must demonstrate its effectiveness in practice. Persistent implementation gaps, weak enforcement and shortcomings in its mechanisms could make the legislation more vulnerable to criticism and calls for deregulation. Ensuring that the DSA is functioning effectively, delivering tangible results and fulfilling its objectives will therefore be essential not only for protecting users and strengthening platform accountability, but also for safeguarding the legislation’s long-term credibility and resilience.

The principle of the DSA & Asymmetrical responsibility: the bigger the platform, the bigger the responsibility.

Two-pronged approach for VLOPs and VLOSE

1. Removing illegal content:

  • They must remove illegal content once they become aware of it;
  • Must provide a user-friendly conduit to report content;
  • Must explain content moderation decisions;
  • Must provide users an avenue to appeal moderation decisions.

2. Due Diligence Obligations:

  • Transparency: must provide extensive transparency reporting, including on online advertising
  • Data access: must provide access to data for researchers (for the sole purpose of conducting research that contributes to the detection, identification and understanding of systemic risks in the Union).

Systemic Risks:

  • Must identify, assess, and mitigate systemic risks stemming from the design, functioning, or use of their service.
  • Yearly risk assessment and published report showing the risks they have identified and how they have mitigated them.
  • Risk assessments must also be conducted before rolling out any new features.

What makes a risk systemic

Risk categories:

  • Dissemination of illegal content
  • Actual or foreseeable negative effects on:

1.The exercise of fundamental rights
2. Civic discourse and electoral processes
3. Gender Based Violence, public health, protection of minors, and the physical and mental health and well-being of individuals.

  • To interpret the meaning of systemic risks:

1.Impact on the system / on society
2.Impact from the system of the platforms
3.Refers to broad trends, not discrete instances

Mitigation measures should be:

  • Reasonable, proportionate and effective
  • Should avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on those fundamental rights.
  • Codes of Conduct could be part of a mitigation measure, depending on a platform’s compliance with that particular Code of Conduct, of course.

Enforcement Action by the European Commission

In 2024, the EC prohibited TikTok Lite as TikTok did not conduct a risk assessment regarding minors’ well-being before rolling it out. Similarly, in 2026, the EC issued Preliminary Findings on porn platforms and Meta’s failure to assess and mitigate risks to minors’ well-being. This appears to show a main focus on minors’ wellbeing.


Risk Assessment Reports

CSOs currently find that risk assessment reports are lacking and need improvement. For example, there should be a deeper focus on platform design and less on ‘bad actors.’ Data is crucial, and transparency regarding methodology, risk identification, and effective measures is necessary. Moreover, meaningful engagement with CSOs to reflect on these harms would be beneficial.

Role of CSOs: Institutional Watchdogs.

  • DSA explicitly refers to CSOs being essential to the implementation of the DSA
    Public consultations to give input on (draft) guidelines;
  • Evidence gathering and DSA complaints that can be handed in to the national DSC or to the EC;
  • Data access for research;
  • Engagement with platforms on risk assessments;
  • The role of CSOs is to raise concerns, which can lead the EC to open an investigation.

Suggestion on How to Prove Systemic Risks

Track claims from platforms’ systemic risk reports and test them, or use your own research/experience to prove otherwise.

Sophie Sacilotto from Alliance4Europe: Presentation on Transcript.

Initially, the network developed a common template to document and track instances of foreign interference. This evolved into Transcript, a shared knowledge platform where NGOs can collect, organise and exchange evidence of foreign information manipulation, hate speech and related online harms. The platform aims to support independent monitoring and help assess whether online platforms are effectively identifying and mitigating systemic risks in accordance with Articles 34 and 35 of the Digital Services Act (DSA).

Naomi Tidball
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