Making sense of the Digital Services Act. How to define platforms' systemic risks to democracy

The approach for identifying "systemic risks" in compliance with the Digital Services Act (DSA) for the largest platforms and search engines remains unclear. AlgorithmWatch has outlined a methodology to serve as a benchmark for evaluating ongoing risk assessments, acting as a standard for our judgment as a civil society watchdog.

While dominant internet services offer essential consumer goods globally, their potential negative impact on individuals and democracy raises concerns. The DSA, enacted by the European Union, mandates Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) to diligently identify, analyze, and assess systemic risks arising from their services. These risks encompass various factors, such as illegal content dissemination, effects on fundamental rights, impacts on civic discourse, electoral processes, public security, gender-based violence, public health, minors, and the physical and mental well-being of individuals. Companies must take appropriate measures to mitigate identified risks.

Despite a detailed list of possible mitigation measures, the DSA lacks guidance on how VLOPs and VLOSEs should conduct risk assessments and what is expected from them. The law specifies factors influencing systemic risks but doesn't provide a practical procedure for identifying such risks. The European Commission has not issued guidance for these companies, creating uncertainty about compliance with the DSA's requirements. VLOPs and VLOSEs must submit their first risk assessments to the European Commission by August 2023, with uncertainties regarding public availability and the Commission's disclosure plans.

In this context, the paper aims to focus narrowly on determining whether elements of risk generated by internet services can be identified, specifically concerning freedom of speech and media pluralism. This contribution could serve as a practical starting point for discussions on stakeholder expectations from risk assessments and their implementation.