This study, commissioned by the State Media Authority North-Rhine Westphalia and authored by Prof. Mark Cole, Dr. Carsten Ullrich, University of Luxembourg, and Christina Etteldorf (Institute of European Media Law; Saarbrücken), describes the current legal framework for online content dissemination and evaluates the recent EU proposal for a Digital Services Act (DSA) from the perspective of the media sector.
The DSA aims to update the horizontal framework for internet platforms with more effective rules in the fight against illegal content and create a safer online environment. The authors complement their analysis with alternative proposals for further improvement in the currently running legislative procedure of the draft DSA.
The study finds that, as far as content mediation is concerned, European fundamental rights and values require that the specificities of media law must be taken into account. It identifies five core issues for reform: the country of origin principle and its exceptions, the personal and substantive scope of application of the framework for online intermediaries, the liability privilege regime, obligations and duties for online service providers, including the respect for user rights, and the institutional set-up for monitoring of compliance and enforcement of a future EU framework for online platforms. For each of the five issues the study presents different possible solutions and gives an overview of discussed options before giving the assessment of the concrete proposals in the EU’s DSA package.
The book can also be downloaded for free.