The EU’s pioneering Digital Services Act (DSA) aims to foster a safer digital space by setting out new responsibilities for online platforms, supporting online expression, and giving users more control over their online experience in the EU. The DSA places emphasis on transparency and accountability in platform processes and requires large platforms to address risks arising from their services, including risks to fundamental rights.
Many DSA provisions, including those on content moderation, trusted flaggers, liability for user-generated content and data access, have ramifications beyond the EU and are influencing digital governance debates and legislations that are being considered in other regions.
As the DSA moves from legislation to enforcement, the Act’s effectiveness and impact on users will largely depend on how it is applied in practice. The DSA Human Rights Alliance, a global coalition of civil society organisations, researchers, and human rights advocates representing diverse communities across the globe, believes it is imperative for the EU to follow a globally-aware and human rights-based approach to platform governance. This includes integrating a wide range of voices and perspectives to contextualise DSA enforcement and carefully considering its global influence—the “Brussels Effect”—as the provisions of the DSA filter into legislation in other regions.
While some provisions in the Act support fundamental rights protections, other provisions are ambiguous, opening the door to abuse and politicized enforcement that could threaten the very rights the Act should protect. This calls for an inclusive and cautious approach, especially in cross-border situations and when considering the DSA for local regulatory frameworks. It also underscores the need for transparency and meaningful inclusion in ongoing policy dialogues and DSA enforcement to ensure the protection of human rights is central throughout implementation.
To that end, the Alliance urges adoption of the following principles:
Integrate global perspectives into a human rights-centred implementation of the DSA
Empower EU and non-EU civil society and users to pursue DSA enforcement actions
Consider extraterritorial and cross-border effects of DSA enforcement
Promote cross-regional collaboration among civil society organisations on global regulatory issues
Establish institutionalised dialogues between EU and non-EU stakeholders
Uphold the rule of law and fundamental rights in DSA enforcement, free from political influence
Consider global experiences with trusted flaggers and avoid enforcement abuse
Recognise the international relevance of DSA data access and transparency provisions for human rights monitoring
The Alliance's full statement and details about the principles are here:
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