123RFThe intention is to verify whether or not the material complies with the applicable terms of use, which reflect the legislation of the platform's country of origin, but which usually include parameters considered minimum, such as the impossibility of disclosing content involving nudity, child pornography , drugs, firearms, incitement to hatred, etc. The reality indicates that this type of monitoring is susceptible to numerous failures, either by allowing the dissemination and sharing of these materials, or by blocking content that seeks to alert and raise awareness about these topics, without committing acts of incitement [2] .

The DSA consolidates the exercise of jurisdictional functions by private entities that, at the same time, carry out prescriptive, adjudicatory and enforcement jurisdiction [3] . The new configuration, although it does not prevent the interested party from accessing state justice with the aim of obtaining a court order that has as its object the allegedly illicit content made available online, legitimizes, instrumentalizes and details private self-regulation. However, to the same extent, the DSA establishes and refines co-regulation instruments, providing in several provisions that the State, through the European Commission, will support and promote the development and implementation of voluntary standards and codes of conduct drawn up by regulated entities (articles 34 to 36).