The NME reflection paper on the DSA can be found here.
Main takeaways include:
- NME supports adjustments in the liability framework because of concerns related to the basic level of incentive for platforms to tackle copyright infringements and disinformation;
- NME believes that the changing internet landscape has led to the emergence of platforms hosting content that have become systemic in nature, due to their broad impact on all aspects of social, economic and political life;
- NME supports the continued existence of a secondary liability framework that acknowledges that content hosts do not produce content, and that offers a safe harbour under certain conditions;
- NME stresses that at the same time, several systemic platforms continue to fall short of expectation in tackling content-based issues, and that increased incentive and thus regulation to address this problem is needed;
- NME recommends introducing a requirement for systemic platforms to meet well-defined duty of care obligations so that they can benefit from safe harbours, which would be verified through external auditing practices;
- NME recommends harmonising notice-and-takedown procedures, more incentive to develop supporting technology to tackle content-based issues, and developing accountability tools for duty of care performance reviews;
- NME recommends explicitly excluding media companies from the scope of a Digital Services Act, alongside the content they produce, to avoid damaging existing and effective regulatory frameworks;
- NME stresses the need for public authorities to build capacity in the field of algorithms, in particular with a view to developing accountability tools, notably through algorithmic auditing and responsibility practices.
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