On 15 December, the European Commission published its proposal for the Digital Services Act (DSA-P). One, if not the, major challenge for the regulation of social platforms is which and how content is disseminated as well as moderated on such platforms. At least when it comes to so-called very large online platforms (VLOPs, Art. 25) – read Facebook, maybe TikTok, YouTube, Twitter – the DSA-P’s path seems quite clear: Put platforms and the Commission in charge. Platform ‘Laws’, ‘Prosecutors’, and ‘Courts’ are set up to lead the way out of the mess together with the Commission. State courts, prosecutors, law enforcement and state law as such take the back seat. In the construction of a new social order for online platforms they are apparently no longer needed. ... Thereby, the DSA-P pushes established national institutions and authorities, as well as national legal principles and human rights law to the sidelines. Their influence on how content moderation is carried out and the influence on establishing a certain practice further diminishes. The question remains if European and national courts will play along or demand to have their say. ----- https://verfassungsblog.de/institutionalizing-parallel-governance/ -- EN ===================================================================== Prof. Enrico Nardelli Dipartimento di Matematica - Universita' di Roma "Tor Vergata" Via della Ricerca Scientifica snc - 00133 Roma tel: +39 06 7259.4204 fax: +39 06 7259.4699 mobile: +39 335 590.2331 e-mail: nardelli@mat.uniroma2.it home page: http://www.mat.uniroma2.it/~nardelli blog: http://www.ilfattoquotidiano.it/blog/enardelli/ http://link-and-think.blogspot.it/ ===================================================================== --