…. A first review is due in 2027. It should
be driven by facts and the early results of investigations, not misconstrued criticism, argues
Johannes…
…Heidelberger.
I. An online safety law in the crosshairs
of international politics
When they started working on it a good five years ago, most
lawmakers behind…
…the EU’s Digital Services Act (DSA) likely
did not expect it to ever turn into the bone of contention in
high-level political discussions. Yet, in 2025…
…understand where these diametrically opposed points
of view come from, it is important to appreciate the background
of the DSA’s development and its current…
…freedom of expression
(including potential chilling effects on it) with other fundamental
rights. These other rights had been protected by the
28 | PinG…
…Behörden.
legal order in the offline world for a long time; be it by intellectual
property rights that limit freedom of expression, or by
criminal…
…initiatives by the platforms but it was
also informed by years of research and advocacy from academia
and civil society, as a counterweight to corporate…
…. “Content” is understood
quite broadly in the DSA. It is not merely videos and
posts on social media but also encompasses products and
services on online…
…marketplaces. Moreover, it is important
to note that the DSA does not define what is illegal content.
Rather, national and other Union laws lay down under which…
…of all kinds are now directly account-
able to their users to a higher degree. This marks a major
shift: it reflects a growing recognition that users’…
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