The regulation of content amplification by online platforms has emerged as a critical area of focus for safeguarding fundamental rights in the digital age. With the Digital Services Act (DSA) in force since February 2024, the European Union has introduced a groundbreaking framework to regulate how these platforms amplify or limit (demote) the dissemination of content. This new approach aims to limit exposure to illegal and legal but harmful content online, while giving users more power to choose how information is prioritised for them. Essentially, this new regulatory framework has closed in on online platforms (especially those that reach a significant proportion of the Union's population) in order to mitigate ‘systemic risks’ and to respect fundamental rights, including privacy, non-discrimination and freedom of expression.
This text sets out the main measures on content amplification under the DSA.
Key content amplification measures under the DSA
The DSA introduced several obligations regarding the amplification of content hosted by online platforms, in particular to Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) that serve more than 10% of the EU’s population. Key measures include:
- Content restriction: The DSA imposes an obligation on online platforms to act expeditiously to remove or to disable access to the illegal content upon obtaining actual knowledge or awareness of illegal activity or illegal content [Article 6(1)(b)]. Users will also be able to submit notices to flag illegal content to providers of hosting services [Article 16]. It should be noted that platforms must provide information and justification when an account gets restricted, either for illegal content or for non-compliance with the terms and conditions, so that users can exercise their right to appeal against such decisions if necessary [Articles 16-20, 21 and 23].
- Demotion (deamplification) of content: Pursuant to Articles 3(t) and 17(1)(a), online platforms should reduce the availability, visibility, or accessibility of illegal (or incompatible with their terms and conditions) content.
- Transparency and user control over recommender systems: Platforms must provide clear information about the main parameters of their recommender systems in their terms and conditions, giving users´ options to modify or influence these parameters [Article 27]. In addition, VLOPs and VLOSEs must offer at least one recommender system option that is not based on ‘profiling,’ (e.g., chronological feed) [Article 38 of the DSA and Article 4(4) of the GDPR].
- Prohibition of microtargeted advertising using sensitive data: The DSA prohibits the use of sensitive personal data categories – those ‘revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation’ – for targeted advertising [article 26 (3) of the DSA and articles 4 (4) and 9 (1) of GDPR]. This restriction strengthens the protection of privacy and reduces the risk of discriminatory or manipulative practices (‘dark patterns’).
- Crisis response mechanisms: In critical situations, such as public health emergencies or coordinated disinformation campaigns, the DSA allows the European Commission to mandate VLOPs and VLOSEs to take specific measures to mitigate ‘systemic risks’, including adjustments to their recommender systems (which personalise and amplify content). These measures must comply with the principles of proportionality, ensuring a balanced approach to the protection of fundamental rights.
Conclusion
While the DSA represents a significant step forward in the regulation of digital platforms, several challenges remain. To name a few, the ambiguity surrounding the definition of ‘main parameters’ in recommender systems and the effectiveness of user´s empowerment measures without robust digital literacy initiatives might be short-lived . At the end of the day, the success of this new regulatory framework will depend on its application and the ability of regulators (especially ‘Digital Services Coordinators’) to adapt together with platforms and users. In any case, an important precedent of triangular regulation has been set in Europe, which can be expected to influence regulation worldwide (‘Brussels effect’).
