Digital Services Act; Out-of-court dispute settlement; Applicable law; Human Rights; Content moderation
Abstract :
[en] Article 21 of the DSA entrusts out-of-court dispute settlement bodies with reviewing platforms’ content moderation decisions. But which law should guide them? This post examines three options: terms of service, contract law, and human rights. Each option brings challenges, inducing its own kind of Hitchcockian vertigo. A human-rights-based approach may strike a better balance, reconciling the efficiency of ODS bodies, fairness for users, and the readiness of platforms to cooperate.
Disciplines :
European & international law
Author, co-author :
GRADONI, Lorenzo ; University of Luxembourg > Luxembourg Centre for European Law (LCEL) > LCEL Research
Ortolani, Pietro
Language :
English
Title :
Applicable Law in Out-of-Court Dispute Settlement: Three Vertigos under Article 21 of the DSA
