Exploring New Frontiers in Digital Governance: Addressing the Ambiguities of Risk-Based Regulation Approach for Platforms

Abstract

Following increasing demands for oversight, regulators are adopting novel strategies to efficiently tame platforms' power, moving beyond conventional legal strategies like litigation, which have proven largely ineffective. The European Digital Services Act (DSA) has emerged as a pivotal development, showcasing a pioneering legal model that adopts a 'risk-based regulation' approach. This article reviews the emerging area of risk-based platform regulation and its potential and challenges for holding platforms accountable. Leveraging insights from digital media, political, and legal studies, the aim is to identify and discuss the current ambiguities linked to risk regulation within the digital platform environment. The analysis underlines the necessity of structuring robust interdisciplinary research to form a clear, practical understanding and definition of systemic risks linked to platforms.

Keywords: digital governance, risk regulation, Digital Services Act, techno legal solution