The Digital Services Act as a new tool to deal with the spreading of Illegal content online

Abstract

During the pandemic of the last year, the spreading of illegal content online and the increasing dependence on online platforms has highlighted the legislative gaps and the lack of effectiveness of the current regulation of the online environment. For this reason, the European Commission introduced a legislative proposal, the Digital Services Act, whose aim is to give a horizontal framework and to avoid legal fragmentation across Member States. In the following paper we analysed the main features of this proposal and especially how it is willing to tackle illegal content more effectively. The DSA finally recognised the fundamental role of very big online platforms in countering illegal and harmful content as well as the need of a stronger governmental control over these platforms to avoid abuses that may arise from their dominant position on the market. In the second part, we analysed the different nature of Illegal content online that can consist of an infringement of intellectual property, the sale of counterfeit goods as well as more dangerous content such as child sexual abuse, terrorist or illegal hate speech material. We also examined how platforms can contribute to help authorities and the difficulties that may arise in countering and obtaining the effective removal of the illegal or harmful content, giving a general overview of what the new legislative proposal is going to enhance and what can still be improved.