A bill aimed at curbing Big Tech’s invasive advertising practices was recently approved by the European Parliament. 530 voted in favor of the draft, 78 voted against, & 80 abstained.
According to an announcement, those ratifying agreed to a draft set of measures to tackle illegal Content, to ensure platforms are held accountable for their algorithms, & improve Content moderation.
The Digital Services Act (DSA) proposal defines clear responsibilities & accountability for providers of intermediary services, & in particular Online platforms, such as social media & marketplaces.
The DSA establishes a “notice and action” mechanism, as well as safeguards, for the removal of illegal products, services or Content Online. Providers of hosting services should act on receipt of such a notice “without undue delay, taking into account the type of illegal Content that is being notified & the urgency of taking action”. MEPs also included stronger safeguards to ensure notices are processed in a non-arbitrary and non-discriminatory manner & with respect for fundamental rights, including the freedom of expression.
The proposal said Online marketplaces must ensure that consumers can purchase safe products Online.
Additional obligations for very large platforms
Very large online platforms (VLOPs) will be subject to specific obligations due to the particular risks they pose regarding the dissemination of both illegal & harmful Content. The DSA would help to tackle harmful Content (which might not be illegal) & the spread of disinformation by including provisions on mandatory risk assessments, risk mitigation measures, independent audits and the transparency of so-called “recommender systems” (algorithms that determine what users see).
Other key points
Parliament introduced several changes to the Commission proposal, including on:
- exempting micro & small enterprises from certain DSA obligations;
- targeted advertising: the text provides for more transparent & informed choice for the recipients of digital services, including information on how their data will be monetised. Refusing consent shall be no more difficult or time-consuming to the recipient than giving consent. If their consent is refused or withdrawn, recipients shall be given other options to access the Online platform, including “options based on tracking-free advertising”
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