DSA: Paying the consequences

Despite the best efforts of MEPs in the IMCO Committee, the Digital Services Act has been a wasted opportunity, argues Alessandra Basso
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By Alessandra Basso

Alessandra Basso (IT, ID) is a shadow rapporteur on the Digital Services Act

20 Jan 2022

From the initial Digital Services Act (DSA) proposal presented by the European Commission, we worked hard in the Internal Market and Consumer Protection (IMCO) committee. The Commission’s initial draft didn’t measure up to such an important task and we can’t deny that, in some respects, the draft has been improved, also thanks to the IMCO committee’s contribution.

Nonetheless, it hasn’t been satisfactory and there are some critical issues. I am satisfied with the work to include a new article that aims to improve accessibility requirements for people with disabilities, a topic that I’m very passionate about. We always have to work hard for our most fragile citizens, it’s from their needs that we need to lay the foundations for a fair society. 

“The DSA… was an opportunity to create a safe digital world for our citizens. I think it was imperative to do better and I hope we won’t live to regret some decisions in the future”

I can also say I’m happy about other, more technical, additions like the article concerning Dark Patterns (those elements in the interface designed to confuse users) that, in this way, will let us further protect our citizens and their data in the digital world. This is necessary to strengthen GDPR and fill the gaps that some platforms learned to exploit with the intention of collecting more data to the detriment of citizens’ privacy and safety.

Despite some improvements, I can’t hide my disappointment. The DSA was a wasted opportunity. With the excuse of having deeper control of large online platforms, our citizens’ freedom of expression is now at risk. In fact, it will be the platform to decide, arbitrarily, whether to remove legal content. This power, combined with the almost impossible task of evaluating some of the parameters that establish when content is considered harmful puts our citizens at a high risk. 

Last, but not least, the most critical issue of the DSA is the so-called “Trusted Flagger” figure. Despite the hard work to try and eliminate this position or at least some of its privilege, the final result is, to put it mildly, poor. The Trusted Flagger enjoys an immense privilege because its notifications must be handled rapidly and with priority.

I think it’s unacceptable that a common user’s notifications will be considered as second-rate. In this legislature, the DSA has been the most important text handled by the IMCO committee. It was an opportunity to create a safe digital world for our citizens. I think it was imperative to do better and I hope we won’t live to regret some decisions in the future, because, in the meantime, our citizens will have paid the consequences.