Senior Fellow, The Future of Free Speech @ Vanderbilt University I Responsible Tech Policy I ex OECD I Harvard, College of Europe
What are the implications of Europe’s online safety rulebook, the Digital Services Act (DSA), for freedom of expression? How should the First Amendment protect AI-generated content? Last week, I had the privilege of participating in two events in Brussels 🇧🇪 and Washington, D.C., 🇺🇸 that addressed these important questions. In Brussels 🇧🇪, I was a panelist at a Stakeholder Discussion on Risk Assessments & Rights organized by the Global Network Initiative and the Digital Trust and Safety Partnership. The discussion brought together tech companies, civil society, and academia. During this event, I highlighted the limited clarity regarding what should be considered a systemic risk under the DSA. The DSA includes several examples of what systemic risks are, including “any actual or foreseeable negative effects for the exercise of […] freedom of expression.” A recent report from The Future of Free Speech showed that the vast majority (87%-99%) of comments deleted on 60 of the largest Facebook and YouTube channels in France, Germany, and Sweden were legal. Many of these comments were general expressions of opinion, such as supporting a controversial political candidate in abstract terms. Does this suggest that there is a systemic risk regarding freedom of expression? It is understandable that companies remove not only illegal content but also content that, while legal, creates an unpleasant or painful online experience. The DSA also requires that companies consider the platforms' impact on issues like civic discourse, electoral processes, or public security. However, should deleting so much legal content constitute a systemic risk for freedom of expression? How should companies and the Commission balance the DSA's diverse and sometimes conflicting interests? Companies and the Commission should be cautious when limiting freedom of expression. VLOPs and VLOSEs have millions of users and benefit from competitive advantages, like network effects and economies of scale. Citizens may have limited equivalent alternatives to express themselves. The DSA recitals highlight the right to freedom of expression at least 14 times. It's important to genuinely commit to this right in practice when implementing the DSA. Stakeholder Discussion on Risk Assessments & Rights: https://lnkd.in/eRu-jMqQ Report on Deleted Content: https://lnkd.in/ekskTd_U In Washington, D.C. 🇺🇸, I worked with colleagues from The Future of Free Speech and the Center for Democracy & Technology to organize the symposium "Artificial Intelligence & The First Amendment." This event brought together leading voices from U.S. institutions and civil society. Symposium Recordings: https://lnkd.in/es9zdtA7
