Block C –European Media Law Hatespeech and the

Transcript:Block C –European Media Law Hatespeech and the:
Block C –European Media Law Hatespeech and the Digital Services Act European Media Law – November/December 2022 [Maximilian Hemmert-Halswick and JAN KALBHENN Slides by V. Menten] Institut für Informations-, Telekommunikations- und Medienrecht (ITM) Abteilung II ITM Münster 1 Contents Chances and Risks of Digital Communication Facts on the Digital Services Act Definitions Instruments and Measures Other legal instruments for Digital Communication European Media Law ITM Münster Chances and Risks of Digital Communication Digitalisation enables worldwide networking and communication Also to be considered: serious threats to individual users but also to (democratic) society as a whole Risks arise due to the existence of: Hate speech Fake News / Desinformation Current example: Russia-Ukraine war and propaganda ITM Münster 3 Background What was before…? E-Commerce-Directive (notice-and-take down) Development of big platforms Non-legal initiatives Community Standards National laws such as the German „Network Enforcement Act“ ITM Münster 4 Facts on the Digital Services Act Secondary law (legislation): Art. 288 second subparagraph TFEU  Regulation: „binding in its entirety and directly applicable in all Member States“ Proposal of the European Commission: 15 December 2020 Published in the Official Journal of the European Union: 27 October 2022 Entry into force: 16 November 2022 General date of entry in application: 17 February 2024 ITM Münster 5 Objectives of the DSA Counter illegal online content Prohibition (transperancy) of targeted advertising on online platforms (esp. for minors) Protective measures for users and protection of fundamental rights Promotion of the digital single market the real objective of the DSA: … ITM Münster 6 Platform regulation: distinction of the intermediaries Intermediary services Hosting services Online platforms Very large online platforms (> 45 million users in the EU) graduated system of liability ITM Münster 7 Definitions intermediary service, Art. 3 lit. g) DSA: „[...] transmission service, caching service, hosting service [...] “ online platform, Art. 3 lit. i) DSA : „[...] a hosting service that, at the request of a recipient of the service, stores and disseminates information to the public [...]“ illegal content, Art. 3 lit. h) DSA : „[...] any information that is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law“ recommender system, Art. 3 lit. s) DSA : „[...] a fully or partially automated system used by an online platform to suggest in its online interface