Year: 2026
Type: book-chapter
Abstract: This chapter explores the genesis, structure, and potential of the European Union’s out-of-court dispute settlement bodies (ODSs), a cornerstone of the Digital Services Act (DSA) aimed at regulating social media platforms. As a manifestation of Governance by Emulation, ODSs blend public law principles with private governance, emulating individual rights adjudication to hold platforms accountable. This chapter examines the political context behind their creation, tracing the EU’s regulatory evolution and the legislative battles that shaped Article 21 of the DSA. While hailed as innovative tools for ensuring accountability, ODSs face significant structural limitations, such as non-binding decisions, weak cost incentives, and a narrow enforcement focus. Nonetheless, they present a promising avenue for resolving disputes efficiently and experimenting with integrating large language models in decision-making. Early implementation highlights a mix of creativity and challenges, offering insights into the EU’s broader regulatory ambitions to administrify platform governance and set global standards. By analyzing ODSs’ hybrid institutional design and initial practices, this chapter illustrates their dual potential: advancing accountability while exposing the risks of emulating public law mechanisms in private contexts. It concludes by reflecting on ODSs’ role as Emulated Guardians and their implications for future governance of digital public spaces. European Union
Author: Moritz A. Schramm
Institution: New York University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7166560434