Fri. Nov 8th, 2024

Counterterrorism: EU aims at fast-track DSA governance to delete illegal online content faster

Oct 18, 2023 , , , ,
security, internet, crime
EU wants to speed up the fight against illegal content. Photo by geralt on Pixabay

Brussels, 18 October 2023

Today, the Commission published a set of recommendations for Member States to coordinate their response to the spread and amplification of illegal content, such as terrorist content or unlawful hate speech, before it can lead to a serious threat to public security.  The aim is for Member States to support the Commission in ensuring full compliance by Very Large Online Platforms and Search Engines with their new obligations under the Digital Services Act (DSA), ahead of the deadline for Member States to play their role in the enforcement of the DSA.

In the context of an unprecedented period of conflict and instability affecting the European Union, first with Russia’s war of aggression against Ukraine, and now with the terrorist attacks by Hamas on Israel, the Commission counts on Member States to join forces to enable prompt enforcement of the DSA. The DSA establishes a set of rules for a safe, predictable and trusted online environment in the EU, that is respectful of fundamental rights, in particular the freedom of expression and information. Since August 2023, the DSA requires designated Very Large Online Platforms and Very Large Online Search Engines to adopt mitigation measures that are tailored to the specific systemic risks posed by their systems, including systemic risks arising from dissemination of illegal content.

President of the European Commission, Ursula von der Leyen, said: 

“Hamas’ terrorist attack has also led to an online assault of heinous, illegal content promoting hatred and terror. With our Digital Services Act, Europe now has strong rules to protect users, including vulnerable population groups, from intimidation and to ensure fundamental freedoms online. Major platforms are subject to new obligations to mitigate such risks from their services. Today’s recommendation will help us to coordinate our responses with Member States and protect our society.”

Coordinating action to tackle illegal content

With the Recommendation, the Commission is encouraging Member States to designate already now an independent authority to be part of a network of prospective Digital Services Coordinators, ahead of the legal deadline of 17 February 2024.

The Commission is proposing an incident response mechanism that outlines the cooperation between the Commission and that network in response to dissemination of illegal online content, in particular where it poses a clear risk of intimidating groups of population or destabilising political and social structures in the Union. The mechanism would include regular incident response meetings to discuss good practices and methodologies, and regular reporting on and exchange of information collected at national level. The information received from the network may provide the Commission with evidence to exercise its supervisory and investigatory powers pursuant to the DSA.

Where extraordinary circumstances – such as an international armed conflict or terror attacks – justify it, the Commission encourages Very Large Online Platforms and Very Large Online Search Engines to draw up incident protocols relevant to the specific incident.

The Recommendation also recalls powers conferred to Member States by the different instruments under European Union law to tackle illegal content, such as the Regulation on addressing the dissemination of terrorist content online, in force since June 2022.The Commission will continue to rely on existing structures, particularly for counterterrorism, such as the EU Crisis Protocol which coordinates responses to online developments stemming from a terrorist or a violent extremist act; and, at international level, the Christchurch Call and the industry-led Global Internet Forum to Counter Terrorism; to secure joined-up actions.

Next Steps

This Recommendation will apply until 17 February 2024. After that date, the enforcement framework established in the DSA will apply fully, including the Board for Digital Services, which will be composed of independent Digital Service Coordinators of the Member States.

Background

At the end of August 2023, the DSA became legally enforceable for designated Very Large Online Platforms and Very Large Online Search Engines. The DSA aims at empowering and protecting users online, by requiring the designated services to assess and mitigate their systemic risks and to provide robust content moderation tools.

The designated platforms have now completed the first annual risk assessment exercise to examine risks such as how illegal content might be disseminated through their services. The DSA requires Very Large Online Platforms and Very Large Online Search Engines to adopt mitigation measures that are tailored to the specific systemic risks identified. Very Large Online Platforms have to assess the risks their systems pose, including systemic risks about illegal content and for protecting public interests.

Under the DSA, Member States have to designate the Digital Services Coordinator, an independent authority to supervise the compliance of the online services established on their territory, by 17 February 2024. The independent authority designated by the Member States under this Recommendation may assume the role of the Digital Services Coordinator, according to the DSA, in due time.

For More Information

*Updated on 18/10/2023

Quote(s)

Hamas’ terrorist attack has also led to an online assault of heinous, illegal content promoting hatred and terror. With our Digital Services Act, Europe now has strong rules to protect users, including vulnerable population groups, from intimidation and to ensure fundamental freedoms online. Major platforms are subject to new obligations to mitigate such risks from their services. Today’s recommendation will help us to coordinate our responses with Member States and protect our society.

Ursula von der Leyen, President of the European Commission – 18/10/2023

Recent events have triggered an increase in the dissemination of illegal content online on several platforms. With the Digital Services Act, we have a complete toolbox established in law. We have no time to lose. That is why today we invite Member States to appoint their coordinators for digital services as soon as possible, before their February 2024 deadline. We will also propose the creation of an incident protocol, to enhance our response and channel evidence and information to the Commission. This will enable the necessary measures to be taken quickly and in a coordinated fashion.

Thierry Breton, Commissioner for Internal Market – 18/10/2023

 

Opening remarks by Vice-President Jourová at EP Plenary session: Fighting disinformation and dissemination of illegal content in the context of the Digital Services Act

Strasbourg, 18 Oct 2023
“Check against delivery”

Mister  President,

Honourable Members,

[Introduction]

We find ourselves in a period marked by terrorism and war at the EU’s doorstep. This is accompanied by an information warfare, wave of disinformation and foreign information manipulation and interference.

We have seen it clearly with the Kremlin after Russian aggression on Ukraine. We see it now after barbarous actions of Hamas.

We need to secure our information space. This is of utmost urgency. We simply can’t accept what we currently see: online platforms becoming a tool for terrorists. A tool for spreading anti-Semitic and violent illegal content. The information space must be safe for the people of Europe.

Incitement to terror, illegal hate speech, praising of the killings, disinformation – can trigger violence in real life.

But we are not defenceless. On the contrary, EU is the most advanced region in the world in tackling these threats. Together with Thierry, I would like to outline EU legislations and initiatives that are in place to tackle these problems and related risks.

[Protecting our information space]

First, we have a regulation on tackling terrorist content online. It obliges platforms to actively seek and take down terrorist content. And if content if flagged, the platforms must take down terrorist content within 1 hour. If platforms do not cooperate, they can be fined up to 4% of their annual turnover.

We have seen recently, also after the tragic terrorist attack in Belgium, that here work is needed to make this law more effective. Together with Vice-President Schinas and Commissioner Johansson we are talking to the Member States, Europol and Interpol to improve notice mechanisms. I am also in contact with the platforms on this issue. 

Then, we have the Digital Services Act, which is the main focus of the debate today.

19 very large online platforms and search engines were designated earlier this year under the Digital Services Act (DSA). There are clear obligations under this law on tackling illegal hate speech, and also on mitigating the risks stemming from disinformation.

Since the end of August, the Commission has been overseeing the compliance of these services with all DSA obligations.  

We have required these platforms to provide us with their risk assessment reports, which the Commission services have examined with the utmost attention.

At the same time, we have stepped up our monitoring role, to ensure that each platform complies diligently with its obligations under the DSA.

As you know, the success of any law lies in its implementation. That’s why we’re acting with the strongest determination, as my colleague Thierry will explain.

The DSA works hand in hand with our anti-disinformation Code. The Code is a more agile tool allowing us to quickly react to risks and crises in cooperation with civil society and the platforms.

We are using this unique structure to quickly take necessary steps and improve the situations. In this context, I am talking also talk to main online platforms. 

I have also requested the independent European Digital Media Observatory to facilitate on the working level work with expert community and platforms.

Finally, we have to pay attention the rise of anti-Semitism, both offline and online. Primary, this is about security of our Jewish communities. But also, this protection has to be extended to online world. Preliminary analyses by experts point to the dramatic rise of anti-Semitic content on online platforms. X, former Twitter, seems to be particularly bad at tackling this challenge, but other platforms also must step up their work. 

Honourable Members, we are working as a team to ensure the legislations are effective and enforced. We are using our unique structures to tackle the rise of online hate, violence and illegal content. There is no silver bullet, there is no one tool to tackle all the problems. Also, because freedom of speech must, is and will be protected online and offline.

But our information space cannot and will not be abused by the bad actors or by terrorists to justify and promote their actions.

Thank you.

Mister  President, Honourable Members, [Introduction] We find ourselves in a period marked by terrorism and war at the EU’s doorstep. This is accompanied by an…

Source – EU Commission

 

Fighting disinformation and dissemination of illegal content in the context of the Digital Services Act and in times of conflict – Speech by Commissioner Breton

Brussels, 18 Oct 2023
“Check against delivery”

Madam President,

Ladies and Gentlemen of the European Parliament,

Thank you for putting this item on your plenary agenda. The European Parliament – through its role in the adoption of the Digital Services Act (DSA) – is at the forefront of the fight against misinformation and the dissemination of illegal content online.

In recent weeks, several reports have highlighted an increase in the dissemination of illegal content online on several platforms.

The Slovakian elections were our first major test, and we were not entirely satisfied with the measures put in place by some very large platforms.

Events in the Middle East triggered by the Hamas terrorist attacks in Israel have raised the stakes even higher. The widespread dissemination of illegal content and disinformation linked to these events carries a clear risk of stigmatising certain communities and destabilising our democratic structures, not to mention exposing our children to violent content.

The terrorist attacks perpetrated in Arras, France, and in Brussels on Monday, are a sombre reminder that the threat is real and present on our soil.

With the DSA, we have a complete toolbox that we must make full use of to achieve our goal: to ensure that online security is guaranteed and fundamental rights are fully protected.

We have taken this responsibility very seriously, and I have been very open and transparent with the platforms. We have given them the time and the means to adapt their systems to their new obligations: on transparency, respect for privacy, removal of illegal content and products, protection of minors and other vulnerable users, the fight against disinformation, and so on.

We even proposed “stress tests” to help them understand – upstream – what they were required to do.

In this spirit, now that the DSA has come into force, I recently sent letters to X, Meta, TikTok and Alphabet/YouTube to highlight certain risks associated with the current conflict in the Middle East, and to ask them to act urgently and diligently.

In the case of X, we also sent a formal request for information (RFI) to better determine what they have undertaken to comply with the DSA.

In our exchanges with the platforms, we have specifically asked them to prepare for the risk of live broadcasts of executions by Hamas – an imminent risk from which we must protect our citizens – and we are seeking assurances that the platforms are well prepared for such possibilities.

But let’s be clear about this approach. By pointing out the responsibility of platforms – and their CEOs – in the management (or lack of management) of illegal content distributed on their platforms, we are sending out a very explicit signal: things have changed in Europe. There is a law. It must be respected.

And let me be very clear: the way in which the platforms respond to the Commission’s questions will be included in our files on their compliance with their obligations under the DSA.

[Coordination in times of crisis]

It’s not up to the DSA – or the Commission – to say what’s legal and what’s not, what’s true and what’s false: other laws deal with these issues and must be applied by Member States.

National authorities and courts play a key role in reporting terrorist and other illegal content.

The current situation has shown the need for a coordinated approach between Member States and the Commission. We can’t wait until 17 February 2024, when the European Digital Services Board will be set up, to talk to each other and work together.

That’s why, at my initiative, the Commission today adopted a recommendation to Member States to anticipate the implementation of the future DSA governance system and be more effective together.

We will also be proposing a cooperation protocol, such as the Christchurch Call, to coordinate responses to incidents and forward evidence and information to the Commission. This will enable any necessary action to be taken quickly and in a coordinated fashion.

[Conclusion]

Madam President,

Ladies and Gentlemen of the European Parliament,

We are now at a turning point. The rapid evolution of the digital space, combined with the growing threat of terrorism and disinformation, calls for a rapid, decisive and coordinated response.

The European Union, with the cooperation of its Member States, is ready to meet this challenge.

Our mission is clear: to protect our citizens, defend our values and ensure that the digital space remains a place of freedom, expression and security. We cannot and must not let terror and disinformation divide us or undermine our democracy. Together, with determination and solidarity, we will overcome these challenges.

Thank you very much.

Source – EU Commission

 

Renew Europe: Online platforms must clean up their act

Author: Jennifer Emilie Richard

Date:

The flood of disinformation and illegal content disseminated on social media platforms on events in Israel and Gaza and the recent terrorist attacks in France and Belgium are deeply disturbing. This proliferation is an unacceptable situation that must be brought to an end. Platforms have responsibilities — including the removal of illegal content — in keeping with the Digital Services Act. We welcome Commissioner Breton’s efforts to hold internet platforms to account and call for the DSA to be implemented in full within established deadlines.

Morten Løkkegaard (Denmark, Venstre), vice-president of Renew Europe who seats in the committee on the Internal market and Consumer protection (IMCO) has declared:

“Social media platforms have become a central part of our modern democracy. Our elections are jeopardised by systematic, manipulative disinformation, disseminated by agents of hostile states or extremist groups. While protecting our freedom of speech, we need proper implementation of the DSA to better counter disinformation, and, additionally, to consider if more legislation is necessary to force social media platforms to combat systematic disinformation sufficiently.”

Stéphanie Yon-Courtin (France, Renaissance), Renew Europe coordinator in the committee on Economic and Monetary Affairs (ECON) has added:

“A tsunami of unbearable photos and videos that have been pouring onto social networks in Europe in recent days. With wars raging in Ukraine and the Middle East, information is used as a weapon of mass destruction. The risk of radicalisation and polarization is real. With the DSA, we have the tools to put an end to the online Wild West; we must use it! If they don’t want blood on their hands, the CEOs of X, Meta, TikTok and YouTube must act.”

The Renew Europe Group has repeatedly called for Elon Musk (X) and Shou Zi Chew (TikTok) to appear before the European Parliament to be held to account, in November 2022 and March 2023 respectively. This call is more relevant and valid than ever.

Source – Renew Europe Group

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