Algorithmic Content Moderation and Freedom of Expression under the Digital Services Act

Algorithms used by social media platforms in content moderation have wielded immense power over democratic discourse in the digital environment. While they fulfil crucial functions of detecting and removing prohibitedcontent, they also systematically restrict legitimate contributions to public debate. This article seeks to examine the role of the Digital Services Act (DSA) in mitigating the negative impact of algorithmic content moderation on freedom of expression. It argues that while the DSA offers many innovative mechanisms for enhancing the transparency and accountability of platforms, most of them are not tailored to tackle the peculiar threats posed by the sweeping ‘algorithmisation’ of content moderation. To further this claim, the article begins by highlighting the complex relationship between algorithmic content moderation and EU platform regulation. It then briefly discusses how algorithmic content moderation challenges the exercise of freedom of expression by users of social media platforms. The article proceeds to critically analyse the DSA’s provisions on the application and enforcement of terms and conditions, transparency, contestability, and risk management. It concludes by charting pathways towards a more comprehensive protection of freedom of expression from the adverse influence of algorithmic content moderation.