EN
E-000865/2021
Answer given by Mr Breton
on behalf of the European Commission (10.5.2021)
The Commission is aware of the Polish plans to regulate social media at the national level, but no draft has been notified yet under Directive (EU) 2015/15351.
There is a need to establish clear responsibilities and accountability structures for online platforms and other intermediaries in the digital space. Today, the lack of harmonised EU rules on content moderation may affect the exercise users’ fundamental rights such as freedom of expression and information.
This is why the Commission adopted in December 2020 a proposal for the Digital Services Act2, which aims to provide a horizontal legal framework for intermediary services, tailored to their respective role, size and impact, while ensuring the protection of fundamental rights and enabling a thriving digital economy.
Under the proposed rules, tech companies would be required to apply their terms of service diligently and transparently, and users would have various ways to contest unjustified content moderation, including internal complaint mechanisms, out-of-court dispute settlement, and judicial redress.
Recognising that democracy requires more determined actions to preserve open democratic debate, the European Democracy Action Plan3 announced various actions to fight against hate speech, address disinformation and foreign interference4, developing accountability standards for online platforms in this regard and promote respect in the public debate.
The reach and impact of social media platforms and other large tech companies extend beyond national borders and are therefore more effectively addressed at Union level than by Member States acting individually and fragmenting the Single Market.
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1 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex:32015L1535
2 COM(2020) 825 final
3 https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2250
4 https://ec.europa.eu/info/live-work-travel-eu/coronavirus-response/fighting-disinformation/tackling- coronavirus-disinformation_en