Original article published by Citizens’ Association (CA) “Why Not” on 1/4/2024
Citizens’ Association (CA) “Why Not” produced advocacy briefs for EU institutions, large online platforms, and civil society organizations, outlining the main principles that should guide alignment with relevant EU legislation, as well as the roles of key stakeholders in this process.
Very large online platforms currently have no legal obligation to apply measures aimed at preventing the dissemination of illegal and harmful content in the region, nor to adhere to transparency and accountability standards. The legislation in force in the European Union – primarily the Digital Services Act (DSA) – establishes a unique regulatory and coregulatory framework that demands consistent and meaningful accountability from the platforms. Alignment with the DSA is an obligation for EU candidate countries and a crucial step toward improving the digital environment and strengthening information integrity in the Western Balkans.
Advocacy efforts undertaken within the framework of IGNITA regional cooperation platform have focused on increasing the key stakeholders’ support for effective, appropriate, and timely alignment with the DSA in the region set on the path of EU integration. Expanding some of the large online platforms’ commitments in priority intervention areas to the region has also been one of the cornerstones of this advocacy.
Close monitoring and scrutiny of DSA alignment process
Active involvement of EU institutions in the alignment process is crucial not only as a legislative impetus, but also to ensure that national DSA-implementing legislation mirrors its scope and principles, preserving its systemic, risk-based approach to regulating harmful online content and practices.
Above all, it is important to avoid transitional measures that could be misused in ways that are not respectful of fundamental rights or democratic principles, such as controlling information and censoring critical voices online. Such tendencies already exist in the region. For instance, in Bosnia and Herzegovina, local legislation on public order and peace in some cases envisages sanctions against the dissemination of disinformation or “fake news”. One canton even recognizes the internet as a public space, treating the dissemination of disinformation over social media as an offense. Similar initiatives exist in several other cantons, reflecting a growing trend of sanctioning disinformation and relying on quick-fix solutions that could lead to abuses and limitations to freedom of expression.
Enabling environment for “extended compliance”
Creating an enabling environment for indirect effects and benefits of the DSA before accession would help the region feel some indirect effects and benefits of the DSA, discourage diverging legislation, and pave the way for full enforcement upon accession. For Very Large Online Platforms, implementation of certain obligations in EU candidate countries already at this point could prove to be cheaper and more efficient in the long run.
Very Large Online Platforms should be encouraged to extend their risk mitigation obligations, in order to address some of the most pressing risks in the region, such as disinformation and other negative effects on democratic and electoral processes. Among other things, this could serve as a measure of preventing the proliferation of content that poses a systemic risk to fundamental freedoms within the EU, for instance content which can misinform EU public debate. Throughout the region, large-scale anti-Western and, indeed, anti-EU narratives can be observed. Given that digital services offered by online platforms are cross-border in nature, these narratives could easily spread beyond the region, especially given its significant EU-based diaspora. Moreover, a significant portion of the region shares the same language as an EU Member State, Croatia. In addition, a considerable percentage of the population in Bosnia and Herzegovina has the right to vote in EU elections due to their Croatian citizenship. The unhindered spread of these narratives could therefore pose a systemic risk, not only to the region but also to the EU and its citizens.
Important role of civil society organizations
It is crucial that the legislative process is informed by the efforts of civil society organizations, as well as by their extensive experience in the fields such as digital human rights and freedom of expression. Equally important is their active involvement in the implementation mechanisms at the national level, as well as their inclusion in structured dialogues and exchanges at the EU level.
A particularly important aspect is building the capacities of civil society organizations and other stakeholders such as academic researchers to gather and analyze meaningful evidence of risks as well as the effectiveness of different platforms’ approaches to mitigation of these risks.
Links to advocacy briefs can be found here: EU Institutions, Very Large Online Platforms, and Civil Society Organizations.
