Abstract The Digital Services Act (Regulation 2022/2065, “DSA”) creates a new national administrative authority to enforce the DSA across member states: the Digital Services Coordinator (“DSC”). DSCs perform a linchpin role in the DSA enforcement. DSCs have a number of tasks that interact with the content moderation process, such as certifying trusted flaggers or participating in drafting codes of conduct. They also have significant investigatory- and sanctioning powers to enforce the DSA vis-à-vis platforms, shaping content moderation processes and protecting users’ rights against platform misconduct. These interactions with content moderation affect users’ freedom of expression. This contribution scrutinises the role of the DSC in light of that freedom, describing how DSCs shape freedom of expression online through their powers in the DSA, and identifying instances where exercise of DSA powers can lead to different levels of protection for freedom of expression across Member States in the decentralised enforcement network. Finally, it proposes avenues in the DSA to anchor protection of freedom of expression in the application of the DSA by DSCs, through pursuing centralisation in cases with significant fundamental rights impact, and encouraging better usage of guideline competencies.
Jacob van de Kerkhof (Wed,) studied this question.