EU Rules Policing Digital Content Kick in Saturday

The DSA is a mammoth law that will force digital giants to aggressively police content online. CHANDAN KHANNA / AFP/File
The DSA is a mammoth law that will force digital giants to aggressively police content online. CHANDAN KHANNA / AFP/File
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EU Rules Policing Digital Content Kick in Saturday

The DSA is a mammoth law that will force digital giants to aggressively police content online. CHANDAN KHANNA / AFP/File
The DSA is a mammoth law that will force digital giants to aggressively police content online. CHANDAN KHANNA / AFP/File

Digital companies will have nowhere to hide after the EU's landmark content law enters into full force from Saturday, with the risk of heavy fines for any violations.
The new rules, known as the Digital Services Act (DSA), kicked in last year for the world's largest platforms, including Facebook and TikTok, but will now apply to all except the smallest companies, AFP said.
When the European Union proposed the law in 2020, the objective was simple: to tame the wild west online, where Brussels felt companies were not doing enough to block illegal content or acting sufficiently to protect consumers.
Brussels has already bared its teeth, showing the tech titans that it means business.
There have been a wave of probes launched by the European Commission to quiz the largest platforms on how they are addressing an array of concerns from consumer protection to children's activity online.
So far, the EU has launched formal infringement proceedings against tech billionaire Elon Musk's X, formerly Twitter, over "illegal content and disinformation".
Punishment for violations of the DSA will be harsh.
Those that breach the rules could be fined up to six percent of their global annual turnover, or even banned in the EU for serious and repeated violations.
The EU will officially be able to hit companies with sanctions, including fines, for any violations from Saturday.
But beyond the prospect of fines, Alexandre de Streel of the think tank Centre on Regulation in Europe (CERRE), said the law aimed ultimately to change the culture of digital firms.
"The DSA is a gradual system, everything is not going to change in one minute and not on February 17," he said. "The goal isn't to impose fines, it's that platforms change their practices."
Enforcement across the bloc
Keeping an eye on firms will be a duty split between the commission, with its team of more than 120 experts, and EU states.
As an example of their new obligations, platforms that offer shopping services must act swiftly to stop the sale of counterfeit products and block repeat fraudsters.
The EU also prohibits targeted advertising for children and seeks to make it easier for users to report illegal content, complain and seek compensation for rule breaches.
The commission will supervise the largest platforms but states will need to set up "digital services coordinators" to monitor the smaller firms.
Firms with fewer than 50 staff and a turnover of less than 10 million euros ($10.8 million) will be exempted from the most burdensome rules.
Challenges
The law entered into force in August for "very large" platforms owned by Google's Alphabet, Amazon, Apple, TikTok parent ByteDance, Facebook owner Meta and Microsoft.
The EU believes these platforms must do more since their size and reach means they have greater responsibilities to address the higher risks to users.
The 22 platforms facing more stringent rules include booking.com, Google Search, Instagram, Snapchat and X as well as three major porn platforms.
They are obliged to be more transparent, giving access to researchers to scrutinize the platforms as well as publishing yearly risk assessments at their own cost.
The new law has already seen its share of controversy.
The DSA has faced a slew of legal challenges from Amazon and Zalando over their designations as "very large" firms, and from Meta and TikTok over a fee to pay for enforcement.
Meta paid around 11 million euros while TikTok refused to say how much it paid.



US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
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US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)

The Justice Department late Friday filed its response to TikTok's civil suit aimed at derailing a law that would force the app to be sold or face a US ban.

TikTok's suit in a Washington federal court argues that the law violates First Amendment rights of free speech.

The US response counters that the law addresses national security concerns, not speech, and that TikTok's Chinese parent company ByteDance is not able to claim First Amendment rights here.

The filing details concerns that ByteDance could, and would, comply with Chinese government demands for data about US users or yield to pressure to censor or promote content on the platform, senior justice department officials said in a briefing.

"The goal of this law is to ensure that young people, old people and everyone in between is able to use the platform in a safe manner," a senior justice department official said.

"And to use it in a way confident that their data is not ultimately going back to the Chinese government and what they're watching is not being directed by or censored by the Chinese government."

The response argues that the law's focus on foreign ownership of TikTok takes it out of the realm of the First Amendment.

US intelligence agencies are concerned that China can "weaponize" mobile apps, justice department officials said.

"It's clear that the Chinese government has for years been pursuing large, structured datasets of Americans through all sorts of manner, including malicious cyber activity; including efforts to buy that data from data brokers and others, and including efforts to build sophisticated AI models that can utilize that data," a senior justice department official said.

TikTok has said the demanded divestiture is "simply not possible" -- and not on the timeline required.

The bill signed by President Joe Biden early this year set a mid-January 2025 deadline for TikTok to find a non-Chinese buyer or face a US ban.

The White House can extend the deadline by 90 days.

"For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide," said the suit by TikTok and ByteDance.

- TikTok shutdown? -

ByteDance has said it has no plans to sell TikTok, leaving the lawsuit, which will likely go to the US Supreme Court, as its only option to avoid a ban.

"There is no question: the Act will force a shutdown of TikTok by January 19, 2025," the lawsuit said, "silencing (those) who use the platform to communicate in ways that cannot be replicated elsewhere."

TikTok first found itself in the crosshairs of former president Donald Trump's administration, which tried unsuccessfully to ban it.

That effort got bogged down in the courts when a federal judge temporarily blocked Trump's attempt, saying the reasons for banning the app were likely overstated and that free speech rights were in jeopardy.

The new effort signed by Biden was designed to overcome the same legal headaches, and some experts believe the US Supreme Court could be open to allowing national security considerations to outweigh free speech protection.

"We view the statute as a game changer from the arguments that were in play back in 2020," a senior justice department official said.

There are serious doubts that any buyer could emerge to purchase TikTok even if ByteDance would agree to the request.

Big tech's usual suspects, such as Facebook parent Meta or YouTube's Google, will likely be barred from snapping up TikTok over antitrust concerns, and others could not afford one of the world's most successful apps used by about 170 million people in the United States alone.