The Digital Services Act: From Intermediary Liability to Platform Regulation

26 Pages Posted: 8 Jul 2021

Date Written: June 21, 2021

Abstract

The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime.

Keywords: Liability, Online Platforms, Platform Regulation

JEL Classification: K13, O33

Suggested Citation

Buiten, Miriam, The Digital Services Act: From Intermediary Liability to Platform Regulation (June 21, 2021). Available at SSRN: https://ssrn.com/abstract=3876328 or http://dx.doi.org/10.2139/ssrn.3876328

Miriam Buiten (Contact Author)

University of St.Gallen ( email )

St.Gallen, 9000
Switzerland

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