Collaborating for a human rights-based approach to platform governance
The Digital Services Act Human Rights Alliance (started in 2022), of which ECNL is a member, is a collective of digital and human rights organisations that collaborate around the principle that the Digital Services Act (DSA) should have a human rights-centered approach to platform governance. We also believe that policy makers should consider the global impacts of European legislation.
During the DSA negotiations, the Alliance issued a number of recommendations around platform governance and accountability, many of which were incorporated into the DSA, which came into force last year.
Address concerns in the implementation and enforcement of the DSA
However, the Act still contains areas that could have negative impacts on vulnerable and historically oppressed groups. It is unclear how very large online platforms will mitigate risks in practice, or how civil society and other stakeholders will be part of the due diligence process.
In a letter to EU regulators in July 2023, the Alliance called on the EU regulators to meaningfully engage international civil society voices in these conversations. We felt that now was an important time to address the EU Commission, national DSA coordinators and internet companies, as EU countries are setting up authorities to enforce DSA rules and monitor for compliance with the Act. How and why internet companies remove users’ posts, combat hate speech and disinformation, and allow users more control over their internet experience are central aspects of the DSA. It is imperative that civil society, digital rights defenders and vulnerable groups have a voice in these discussions. Without input from those most at risks from poorly designed legislation, the power imbalance between platforms and its users, could become even greater. Without involving those advocating for protections for fundamental rights, it allows for the possibility for privacy, freedom of expression and other rights to be limited.
Protecting digital rights: looking beyond the EU
The Alliance is also assessing the impact this EU regulation could have throughout the Global Majority:
“The DSA HR Alliance calls on EU regulators to establish transparent international regulatory dialogues, and for an inclusive implementation and enforcement approach that includes meaningful and formalized stakeholder engagement”.
We already witness that many of the platform regulatory bills are inspired by or directly copy the principles of the DSA. Therefore, global voices also need to be engaged in these discussions.
“We urge them to value the insights that non-EU organizations can bring to the implementation process of the DSA. This is the case especially for grassroots organizations operating in the Global Majority and civil rights groups fighting for the protections of historically oppressed and vulnerable groups. These groups frequently find themselves on the receiving end of badly designed legislation and can contribute substantially to minimizing the damage throughout the platforms’ value chains.”
Read the full letter here:
Signatories to the letter:
Electronic Frontier Foundation (EFF)
Access Now
Civil Liberties Union for Europe
Centre for Democracy & Technology, Europe Office
European Center for Not-for-Profit Law (ECNL)
Global Forum for Media Development
CELE (Center for Studies on Freedom of Expression and Access to Information)
7amleh Association for Progressive Communications (APC)
Article19
Network in Defense of Digital Rights (R3D)