The DSA (Digital Services Act) is a new law from the EU that just took effect August 25, 2023. If you read this link on the explanation of this act and how it works, you might think that this legislation doesn't affect you because your website is below 45 million users or you might think that because you are not part of the EU this act does not affect you. If you were to take a hard look at the act you will be able to discern this act means more than just fostering safer online environments.

https://www.theverge.com/23845672/eu-digital-services-act-explained />

The overarching goal of the DSA is to foster safer online environments. Under the new rules, online platforms must implement ways to prevent and remove posts containing illegal goods, services, or content while simultaneously giving users the means to report this type of content.


Control of what is put on line and the decision if it's good information, misinformation, false or misleading information will now be in control of arbiters. Large tech companies will be legally accountable for the content that is posted by their members. If you have been following the United States progress in The Communications Act- Section 230, you will understand the consequences of the DSA to tech companies websites. How long before they lower the number of users where this law will fall under? I read that on February 24th, 2024, the DSA will start applying to a broader spectrum of online platforms that have fewer than 45 million users. There will be severe penalties for these tech companies to comply.

It really doesn't just end there with arbiters, there will also be "flaggers" that will be people that will be flagging content.

For the US, if you are posting a comment on an EU website, your content comes under their jurisdiction.

I think this is more the reason for webmasters to embrace their niche websites and to encourage discussions on alternative views to develop a nice culture where groups of people can still discuss different ideas.

I still ask, who decides?

Tech Companies affected by this law: https://www.theverge.com/23845672/eu-digital-services-act-explained

• Alibaba AliExpress
• Amazon Store
• Apple App Store
• Booking.com
• Facebook
• Google Play
• Google Maps
• Google Shopping
• Instagram
• LinkedIn
• Pinterest
• Snapchat
• TikTok
• Twitter
• Wikipedia
• YouTube
• Zalando
• Bing
• Google Search

Thanks,

Interesting article! We'll have to see how this pans out.

"Large tech companies will be legally accountable for the content that is posted by their members."

I think this is just about the worst part of it. It's like saying that knife mfrs are responsible for what people do with their knives, eg be liable for someone getting stabbed with it, which is absurd.

The other thing, is overreach and mission creep, where more and more website will come under it that really shouldn't and I'm sure it's one of the unstated intentions of this act. After all, who in power doesn't always want more power? Think about it. It's the classic power corrupts situation.

This is the slippery slope to stifling all free speech in the West, such that if it's not officially sanctioned by the state, you can't say it.

@Mark Ransome - You're welcome. I'm still stuck on who decides by what is the correct information? It won't be long before the US does the same. I don't think the US will amend Section 230 of the Communications and Decency Act, but rather come up with something entirely new.

@Mike Smith- I agree, the "large tech companies will be legally accountable for the content that is posted by members" is by far the broadest power grab on speech I've ever seen. This is why I keep up with the US Section 230, because this section of the CDA (Communications and Decency Act) does not make websites legally accountable/liable for the members content. There have been several lawsuits that reached the US Supreme Court this year and the two that would have been most pivotal in favor of making websites responsible for content, both failed as the Supreme Court ruled against, which meant that webmasters and website owners could breathe a little better, at least for now. Also good point on the absurdity of the responsibility with your knife example. This indeed is concerning because this is all about power and controlling the narrative.

.....and if we were liable for member content, then how could we ever afford having a niche website? There would be too much liability and your websites wouldn't be the organic communication niche that your website was created for. Websites would then only be allowed sanctioned and approved content in order to survive. What's the sense of being a member when everyone is an automaton saying the same thing? I can think of several mega websites where everyone speaks the same perspective and position.

Very interesting points @Mike Smith, I like things explained in lay mans terms!

You're welcome Mark. I'd like to stress that I'm a layman too though, definitely no expert on this, but I do understand the repercussions of this legislation as clearly does Web Diva.