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Miriam C. Buiten, The Digital Services Act: From Intermediary Liability to Platform Regulation, 12 (2022) JIPITEC 361 para 1.
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%0 Journal Article %T The Digital Services Act: From Intermediary Liability to Platform Regulation %A Buiten, Miriam C. %J JIPITEC %D 2022 %V 12 %N 5 %@ 2190-3387 %F buiten2022 %X The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime. %L 340 %K Digital Service Act %K Liability %K Online Platforms %K Platform Regulation %U http://nbn-resolving.de/urn:nbn:de:0009-29-54917 %P 361-380Download
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@Article{buiten2022, author = "Buiten, Miriam C.", title = "The Digital Services Act: From Intermediary Liability to Platform Regulation", journal = "JIPITEC", year = "2022", volume = "12", number = "5", pages = "361--380", keywords = "Digital Service Act; Liability; Online Platforms; Platform Regulation", abstract = "The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime.", issn = "2190-3387", url = "http://nbn-resolving.de/urn:nbn:de:0009-29-54917" }Download
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TY - JOUR AU - Buiten, Miriam C. PY - 2022 DA - 2022// TI - The Digital Services Act: From Intermediary Liability to Platform Regulation JO - JIPITEC SP - 361 EP - 380 VL - 12 IS - 5 KW - Digital Service Act KW - Liability KW - Online Platforms KW - Platform Regulation AB - The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-54917 ID - buiten2022 ER -Download
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PT Journal AU Buiten, M TI The Digital Services Act: From Intermediary Liability to Platform Regulation SO JIPITEC PY 2022 BP 361 EP 380 VL 12 IS 5 DE Digital Service Act; Liability; Online Platforms; Platform Regulation AB The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime. ERDownload
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Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 12 (2022) 5 |
---|---|
Title |
The Digital Services Act: From Intermediary Liability to Platform Regulation (eng) |
Author | Miriam C. Buiten |
Language | eng |
Abstract | The proposed Digital Services Act (DSA) aims to reconcile the responsibilities of online platforms with their position as key intermediaries and essential sources and shapers of information. The DSA proposes new, asymmetric obligations, while maintaining the liability exemption for hosting providers. This article aims to provide an overview of the tiered obligations and to critically evaluate the regulatory approach of the DSA. The article calls into question whether the liability exemption based on playing a passive, neutral role reflects the extensive moderation that online platforms undertake as part of their business model. It considers the consequences of taking the responsibility of online platforms out of the domain of liability and into the domain of regulation and suggests alternative approaches to the liability regime. |
Subject | Digital Service Act, Liability, Online Platforms, Platform Regulation |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-54917 |