DIGITAL LAW Encouraging good sectoral practices in online content moderation

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sazid2017528
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DIGITAL LAW Encouraging good sectoral practices in online content moderation

Post by sazid2017528 »

Over the years, digital platforms, especially those with wide reach, have developed and perfected their own tools for checking and blocking/removing illicit content. Even though the notion prevails that there is no duty to take preventive action and active and constant monitoring in search of inappropriate content published by users of these services, it is common knowledge that platforms carry out some activities to check publications, some of them automatically. , the moment a photo is shared, for example [1] .

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] .

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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).
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