Year: 2024
Type: article
Abstract: The article argues that the Digital Services Act, as part of the EU’s broader attempt to regulate intermediary services providers in a constantly growing and challenging technological, social and political environment, does not provide a final and comprehensive solution to the issue. The Digital Services Act appears inconsistent with the previous case law of European supranational judiciary forums regarding the prohibitionofgeneralmonitoringbyintermediary services providers.Infact,itprovides the Member States with vaguely worded regulatory exceptions in the event of a ban on general monitoring. However, the Digital Services Act can be seen as a legitimate and necessary attempt to enforce the regulation at the European level through Member States while at the same time giving a unique regulatory position in specific cases to the European Commission or pan-European legal bodies in general. Finally, the Digital Services Act also turns initial enforced self-regulatory attempts to regulate social harms, possibly caused by intermediary services providers, into co-regulation.
Source: ELTE Law Journal
Institutions: Eötvös Loránd University, University of Wrocław
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
Funder: Magyar Tudományos Akadémia
OpenAlex ID: W4402139298