YEAR 2025 No 2 Volume 37

ISSN 2182-9845

Online platforms under the Digital Services Act: From inertia to liability for third-party content

Ana Catarina Pinho Moreira

Keywords

Online platforms; illegal content; civil liability; Digital Services Act; exemptions from liability; due diligence obligations. 

Abstract

This study aims to address, under a european and national perspective, the issue of civil liability of online platforms for illegal content posted by their users. Initially, the concept of online platforms and the evolution of their liability, as intermediary service providers, are presented. Next, the european framework of the topic is outlined, in accordance with the Digital Services Act, recently enacted. It is noted that the premises underlying the new regulation remain unchanged and unquestioned, preserving the conditional exemptions from liability and the no general obligation to monitor content. The novelties introduced by this new regulation are reviewed and the ways it sought to eliminate the shortcomings of the previous legislation are noted. It is also questioned whether this change responds to the challenges and problems that currently arise in the context of platforms’ civil liability, and the general framework of the issue within the scope of national law is offered, as it is concluded that the civil liability of online platforms remains subject to the general liability rules of each Member State.

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