Obligations of online platforms towards providers of removed illegal content and users harmed by unremoved illegal content

This Chapter critically examines the recent development in the European Union’s regulation of the moderation, removal, and disabling of illegal online content. It revisits some aspects relating to the general framework established by the e-Commerce Directive, culminating in an analysis of the most significant provisions introduced with the DSA. Among the objectives is an examination of the transparency and accountability obligations of Executive Organisations towards suppliers, a topic that increasingly represents a focal point for scholarly enquiry and a pressing need for regulation. The evolutionary process regarding the governance of OPs in the European digital single market has, moreover, undergone various phases, moving away from a period of greater tolerance to one of heightened regulation, brought about by the need to address and mitigate illegal activities. The issue is further complicated by the need to balance various rights and interests. On one hand, there is freedom of information (expression and communication) and freedom of business. On the other, privacy, security, and the protection of individuals’ fundamental rights.