‘The Digital Services Act wants you to “sue” Facebook over content decisions in private de facto courts’

“According to Art 18 of the Commission’s draft for a Digital Services Act (DSA), Member States shall certify out-of-court dispute settlement bodies which might – at the request of online platform users – review platform decisions, eg, content take-downs or account suspensions. Online platforms, including Facebook, are bound by such decisions. While Art 18 DSA seeks to address a legitimate policy concern, namely the need to enable effective recourse mechanisms for platform decisions, its introduction of quasi-courts is incompatible with European Law. Moreover, Art 18 DSA is grounded in the unsound assumption that private dispute settlement bodies can be both cost-effective, high-quality, and independent …” (more)

[Daniel Holznagel, Verfassungsblog, 24 June]

First posted 2021-06-24 17:00:18

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