Durov’s Arrest Has Nothing to Do With the Digital Services Act: European Commission
Representation of the European Digital Services Act. Photo: X/ @IFEX
August 26, 2024 Hour: 8:45 am
Telegram has 41 million monthly users, which means it does not have to comply with the regulation for large Internet platforms.
On Monday, the European Commission distanced itself from the arrest in France of Telegram founder Pavel Durov, stating that it has nothing to do with the Digital Services Act, the regulation that the European Union has approved to specifically control large platforms.
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Telegram informed the European Commission that it has 41 million monthly users, which means it does not have to comply with the stricter obligations set by the regulation for large internet platforms—those with 45 million monthly users in the EU. Nevertheless, it must still meet certain requirements, regardless of the legal proceedings in France. Below is an explanation of the Digital Services Act.
When Did It Come Into Effect?
In the previous legislative session, the European Union approved the Digital Services and Digital Markets Acts (DSA and DMA) to regulate online content and combat monopolistic practices of large platforms.
The DSA came into effect in February 2024 and applies to all internet intermediaries, network access providers, and digital platforms. Additionally, large companies must meet additional requirements.
What Are the General Obligations?
As a general rule, companies must clearly explain their terms and conditions to users. They must also have a system in place so that authorities or users can easily report illegal content on the platform.
Once they become aware of illegal content, they must remove it promptly and suspend, “for a reasonable period and after issuing a prior warning,” the accounts that “frequently provide manifestly illegal content.”
Companies are obligated to protect individuals who are victims of harassment and intimidation. They must also be transparent about online advertising and prohibit personalized ads based on sensitive information or targeting minors.
What Are the Stricter Rules for Large Digital Platforms?
Due to their large size and societal impact, large internet platforms must comply with additional obligations, such as producing an annual report evaluating their potential risks, with special attention to illegal content, threats to fundamental rights, public safety, or electoral processes.
This report must be submitted to the European Commission, detailing the measures they are taking to mitigate risks. Large internet companies are subject to greater transparency, allowing national authorities and independent civil society researchers to access the design of the algorithms that determine the content users see online.
In this regard, they must offer users the option to view content that is not personalized based on their profile. They must also maintain a digital archive of the ads shown to users, so authorities can monitor whether there is illegal or misleading advertising, and they must provide special protection to minors.
Which Companies Has the European Commission Designated as Large Platforms?
The European Commission has designated several companies as large platforms, including major internet companies such as AliExpress, Amazon, Apple Store, Google Play, Google Maps, Google Shopping, Bing, Facebook, Instagram, YouTube, and the social network X. Other platforms include Wikipedia, Zalando, Shein, Temu, eBay, and Pornhub.
The Digital Services Act provides for fines of up to 6 percent of the global annual revenue of companies that do not comply with the regulation. Ultimately, Brussels could ban their presence in the EU.
Since its implementation, the DSA has already had repercussions, such as TikTok’s decision to suspend the points program of the Lite version launched this year in Spain and France.
teleSUR/ JF Source: EFE
