The Digital Services Act (DSA) Human Rights Alliance has, since its founding by EFF and Access Now in 2021, works to ensure that the European Union follows a human rights-based approach to platform governance by integrating a wide range of voices and perspectives to contextualise DSA enforcement and examining the DSA’s effect on tech regulations around the world.
As the DSA moves from legislation to enforcement, it has become increasingly clear that its impact depends not only on the text of the Act but also how it’s interpreted and enforced in practice. This is why the Alliance has created a set of recommendations to include civil society organizations and rights-defending stakeholders in the enforcement process.
The Principles for a Human Rights-Centred Application of the DSA: A Global Perspective, a report published this week by the Alliance, outlines steps the European Commission, as the main DSA enforcer, as well as national policymakers and regulators, should take to bring diverse groups to the table as a means of ensuring that the implementation of the DSA is grounded in human rights standards.
The Principles also offer guidance for regulators outside the EU who look to the DSA as a reference framework and international bodies and global actors concerned with digital governance and the wider implications of the DSA. The Principles promote meaningful stakeholder engagement and emphasize the role of civil society organisations in providing expertise and acting as human rights watchdogs.
“Regulators and enforcers need input from civil society, researchers, and affected communities to understand the global dynamics of platform governance,” said EFF International Policy Director Christoph Schmon. “Non-EU-based civil society groups should be enabled to engage on equal footing with EU stakeholders on rights-focused elements of the DSA. This kind of robust engagement will help ensure that DSA enforcement serves the public interest and strengthens fundamental rights for everyone, especially marginalized and vulnerable groups.”
“As activists are increasingly intimidated, journalists silenced, and science and academic freedom attacked by those who claim to defend free speech, it is of utmost importance that the Digital Services Act’s enforcement is centered around the protection of fundamental rights, including the right to the freedom of expression,” said Marcel Kolaja, Policy & Advocacy Director—Europe at Access Now. “To do so effectively, the global perspective needs to be taken into account. The DSA Human Rights Principles provide this perspective and offer valuable guidance for the European Commission, policymakers, and regulators for implementation and enforcement of policies aiming at the protection of fundamental rights.”
“The Principles come at the crucial moment for the EU candidate countries, such as Serbia, that have been aligning their legislation with the EU acquis but still struggle with some of the basic rule of law and human rights standards,” said Ana Toskic Cvetinovic, Executive Director for Partners Serbia. “The DSA HR Alliance offers the opportunity for non-EU civil society to learn about the existing challenges of DSA implementation and design strategies for impacting national policy development in order to minimize any negative impact on human rights.”
The Principles call for:
◼ Empowering EU and non-EU Civil Society and Users to Pursue DSA Enforcement Actions
◼ Considering Extraterritorial and Cross-Border Effects of DSA Enforcement
◼ Promoting Cross-Regional Collaboration Among CSOs on Global Regulatory Issues
◼ Establishing Institutionalised Dialogue Between EU and Non-EU Stakeholders
◼ Upholding the Rule of Law and Fundamental Rights in DSA Enforcement, Free from Political Influence
◼ Considering Global Experiences with Trusted Flaggers and Avoid Enforcement Abuse
◼ Recognising the International Relevance of DSA Data Access and Transparency Provisions for Human Rights Monitoring
The Principles have been signed by 30 civil society organizations,researchers, and independent experts.
The DSA Human Right Alliance represents diverse communities across the globe to ensure that the DSA embraces a human rights-centered approach to platform governance and that EU lawmakers consider the global impacts of European legislation.
