FACEBOOK RESPONSE TO EC PUBLIC CONSULTATION ON THE DIGITAL SERVICES ACT (DSA)
While Facebook supports regulation requiring digital platforms to have systems in place to address content that is unlawful, a homogenous one-size-fits-all approach is not a viable solution. Obligations should be proportionate in relation to the nature and characteristics of the service, and include appropriate safeguards to protect the privacy of users in the course of legitimate and lawful activities, and any requirements should be tailored to the variety of business models involved and developed in collaboration with stakeholders. Any regulation must take this into account. For example, small and medium-sized online platforms and services may have less capability and resources, and less advanced processes than larger companies. Nevertheless, small and medium-sized companies can have higher risks of exposure to illegal and/or harmful activities conducted by their users.
Facebook also believes that online platforms should be required to be transparent about their content policies, measures, and their effects. However, there is a limit to what online platforms can (and should) publicly disclose about their enforcement measures. Bad actors are constantly evolving their tactics, and limiting the amount of specific and technical information that is publicly known about these technologies reduces the risk that these individuals find new ways around or means to manipulate existing technologies.
Certain responsibilities are already addressed in existing regulations, which are better suited for those purposes. In our view, requests from law enforcement authorities to online platforms, in so far as they relate to data disclosure, should be governed by the EU e¬Evidence Regulation, which sets harmonized EU rules and upholds a high standard of protection to fundamental rights, and the applicable laws of the jurisdiction in which the relevant data controller is located. We also believe that obligations to cooperate with national authorities and law enforcement must respect international human rights, including the core principles of freedom of expression and privacy.
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MATERIAL SOURCED BY: “Media 21” Foundation
