The Digital Services Act (DSA) is a regulatory framework that promotes transparency, accountability and fairness in the moderation of online content. It does not censor or judge content, but ensures that platforms respect users’ free speech rights while removing illegal content.

The DSA requires platforms to be transparent about their moderation practices, provide clear explanations for removing content and provide appeal mechanisms.

It is designed to promote a safe, open and transparent online environment, not to excessively moderate the internet.

The Digital Services Act (DSA) is not a censorship tool. It does not judge illegality or truth. The DSA is a regulatory framework that imposes due diligence mechanisms on platforms to protect fundamental rights.

To protect freedom of expression, the DSA requires online platforms:

• Clearly disclose their content moderation practices in their terms and conditions and enforce them consistently and fairly.
• Provide users with detailed statements of why their content or account has been restricted or removed.
• Create internal complaint resolution systems that allow users to challenge decisions directly with platform providers.
• Excessive removal of content is a real risk online. So, in addition to the requirements listed above, the DSA is countering this by: Clarifying that no provider can be held liable for illegal third party content on its platforms that it has no actual knowledge of.
• Prohibiting any obligations that would require providers to engage in general monitoring of their platforms.
• At the heart of democracies is trust and belief in an open society. The DSA facilitates this by requiring platform providers to be fully transparent about their online moderation practices. Not only do platforms have to communicate directly with users about why their content has been restricted, they are also obliged to upload every content moderation decision to a database, subjecting their practices to public scrutiny.
• The DSA also requires very large online platforms to assess and mitigate systemic risks, such as the spread of false information or amplification of harmful content, and to offer transparent and constructive solutions that address these risks and do not infringe on freedom of expression.
• However, the question of what is „illegal” is set out in other laws and there is no DSA enforcement authority making judgments on any individual content.
• The DSA is content neutral and focuses on the appropriate systems in place.
• The DSA does not prescribe more or less moderation; instead, it requires that online content is well moderated, respecting users’ rights to free speech while promoting a safe and transparent online environment.

General DSA defenses:
What does the DSA require platforms to do when they remove content or disable a
an account?

• Before the DSA, challenging an online platform’s decision to remove a user’s content could be challenging.
• Now, the DSA obliges online platforms of all sizes to send users an explanation of why their content has been removed or their account has been deactivated in so-called statements of reasons
• With the DSA, EU users also have easy-to-use complaint mechanisms to support their freedom of expression.

Users can challenge content moderation decisions through a number of channels, including before certified out-of-court dispute resolution bodies or independent courts.

What the DSA obliges platforms to do if they are notified about illegal content on their services
Before the DSA, there was no coherent set of rules on what platforms should do when they become aware of illegal content, goods or services online.

Now, the DSA obliges platforms to:

• Establish user-friendly ways for users to report illegal content.
• Set up special channels for trusted whistleblowers, where these independent organizations with a track record in the areas of concern can report illegal content that platforms must respond to as a priority.
  
• Act quickly to remove illegal content if they receive an order from a national judicial or administrative authority.

However, what constitutes illegal content in the EU is not defined in the DSA, but in European or national legislation applicable in EU countries.

These European and national laws defining illegality must respect fundamental rights – they must be clearly defined and proportionate.

This approach ensures that online platforms are subject to the same standards as offline environments.

Can the Commission decide to suspend a platform under the DSA?

• The Digital Services Act contains different proportionate sanctions that can be applied if platforms do not comply with the law.
• The Commission can impose fines of up to 6% of worldwide annual turnover or periodic fines of up to 5% of worldwide average daily turnover for each day of delay in complying with remedies, interim measures, commitments, etc.
• As a last resort, where o all other remedies to bring the infringement to an end have been exhausted, o the infringement has not been remedied, o it causes serious harm which cannot be avoided by the exercise of other
  powers available under Union or national law; and an infringement involves a criminal offense related to a threat to the life or safety of persons,

The Commission may request a coordinator of digital services to ask a national court to order the temporary suspension or restriction of recipients’ access to the service. The Commission has no such power itself.

• Before making such a request to the Digital Service Coordinator, the Commission must invite interested parties to submit written comments.