Articles for tag: Article 21 Digital Services Actout-of-court dispute settlementPlattformregulierungSelf-Regulation

A Self-Regulatory Race to the Bottom through Out-of-Court Dispute Settlement in the Digital Services Act

Art. 18 of the draft Digital Services Act [Art. 21 in the final text] will introduce new dispute settlement processes. This addresses a legitimate policy concern, namely the need to enable effective recourse mechanisms for platform decisions. However, the concept fails when trying to combine the best of two worlds: solving disputes through real courts as well as through self-regulation. Art. 18 [Art. 21 in the final text] DSA raises serious concerns and should be substantially modified.

The Digital Services Act wants you to “sue” Facebook over content decisions in private de facto courts

According to Art. 18 of the Commission’s draft for a Digital Services Act [Art. 21 of the final text], Member States shall certify out-of-court dispute settlement bodies which might - at the request of online platform users - review platform decisions. While well-intentioned, this introduction of quasi-courts is incompatible with European Law.