In search of strong platform oversight in the EU

In a short German-language opinion piece for the journal "Ökologisches Wirtschaften" (4/2022), Julian Jaursch, project director at SNV, emphasizes the importance of strong platform supervision in the EU. The original German text is available at the link provided and the English translation is below.

 

In search of strong platform oversight in the EU 

 

Uniform rules will soon apply in the European Union (EU) for platforms such as Amazon, Instagram and YouTube. The Digital Services Act is seen as a milestone in the regulation of “Big Tech”. How well the law works will depend on strong enforcement of the new rules. To achieve this, regulators, academia and civil society will have to work together. 

A new sheriff was in town, Thierry Breton announced wholeheartedly on Twitter. The member of the European Commission responsible for the EU’s internal market was referring to the Digital Services Act (DSA), which was about to be finalized in early 2022. It prescribes EU-wide rules for online marketplaces, search engines, video apps and social networks from 2024. The stated goal: to improve “transparency and safety” in the online space. Among other things, Amazon, Facebook, TikTok and others will have to assess what risks to fundamental rights and youth protection arise from their services. They must explain how their algorithmic recommendation systems suggest the next video or product, and there are more detailed rules on how users can report potentially illegal content. 

The Commissioner’s tweet was a resounding success in drawing attention to the DSA. So, while its content does not have to be taken too seriously, it must be noted: The DSA is not a sheriff at all. If the violent metaphor of a Wild West duel between “the DSA” and “illegal content” – as suggested in the video accompanying the tweet – had to be made even somewhat fitting, then it would not refer to the legislative text as a single sheriff, but to many sheriffs. That is because it will be the Commission and several national authorities that will have to enforce the DSA. This is an important difference that will determine the success of the law. 

For very large online platforms (more than 45 million users per month), it is mostly the Commission that is responsible. For smaller platforms, member state authorities come into play, for example, from consumer protection or media regulation. However, national authorities also play an important role at the EU level in dealing with large platforms, as they will cooperate in a new European body. EU countries must therefore ensure that they establish well-equipped, specialized and well-connected authorities for platform supervision. This is all the more urgent as the DSA will in all probability produce heaps of data, reports and guidelines. The best example of this is the newly created possibility for regulatory bodies and researchers to request access to platform data – for example, to assess how well companies are addressing potential fundamental rights risks of their services. 

How content spreads online, how the platforms’ algorithms work, which risks could be reduced and how: Clever, privacy-friendly data analyses could provide answers such questions. For this, authorities at different levels – state, federal, EU – and from different sectors would have to work together. It is also important to join forces with research teams from academia, civil society and journalism. Here, at the latest, it becomes clear that the image of the numerous authorities as “sheriffs” is also skewed. Instead of sheriffs daringly dueling with “Big Tech”, what is needed for European platform oversight is a kind of symbiosis of different organizations and regulators. They do not have to shoot fast but be in constant exchange with each other and work together to educate each other and the public. They should not fight individual battles but eliminate structural weaknesses in the platform economy. 

For a long time, governments preferred to rely on self-regulation instead of establishing rules for the tech industry. Academics, civil society organizations, media professionals and whistleblowers were the driving forces to ensure at least some transparency and accountability, especially for the large tech companies with a lot of financial and lobbying power. Now, with European authorities also set to take action, and further legislation on platforms, the data economy, and artificial intelligence in the pipeline, collaboration between these actors is more important than ever. A platform regulator that brings together public authorities, academia and civil society can not only punish violations of the DSA, but also provide a strong long-term counterweight to the dominant platforms. That is far better than a skittish sheriff.