The digital services act and content moderation for copyright infringement

Abstract

This dissertation examines the evolution of content-moderation acquis within the European Union, focusing on copyright infringement and the specific regulation of intermediaries in the digital landscape dominated by user-generated content. It gives a brief introduction to the issue from the regulatory standpoint of the E-commerce Directive (ECD) and it critically analyses the role of the Digital Services Act (DSA) and sector-specific regulations such as the Copyright in the Digital Single Market Directive (CDSMD). The special focus is on the DSA as a groundbreaking legal instrument that updates the ECD’s intermediary liability framework and introduces new due diligence obligations, which seek to bring transparency, predictability, and fairness to the content moderation processes on internet platforms. The dissertation focuses on key regulatory developments in the DSA such as the new Good Samaritan rule, the notice-and-action procedure, the internal and external redress mechanism against content moderation decisions of platforms, or the institution of trusted flaggers. The thesis also highlights the complexities arising from the overlap between the DSA and the CDSMD, particularly concerning the regulatory framework for Online Content-Sharing Service Providers (OCSSPs). The DSA’s lex specialis nature is expected to specify and complement the existing rules under the CDSMD, though the intricate interplay between these regulations may necessitate judicial clarification. Overall, the thesis underscores the DSA’s significant impact on EU content moderation, largely due to enhanced transparency, due process, fairness, and predictability in content moderation practices of online platforms, while acknowledging potential overregulation.