Automated Transparency: A Legal and Empirical Analysis of the Digital Services Act Transparency Database

Rishabh Kaushal, Jacob Van De Kerkhof, Catalina Goanta, Gerasimos Spanakis, Adriana Iamnitchi

Research output: Chapter in Book/Report/Conference proceedingConference article in proceedingAcademicpeer-review

Abstract

The Digital Services Act (DSA) is a much awaited platforms liability reform in the European Union that was adopted on 1 November 2022 with the ambition to set a global example in terms of accountability and transparency. Among other obligations, the DSA emphasizes the need for online platforms to report on their content moderation decisions ('statements of reasons' - SoRs), which is a novel transparency mechanism we refer to as automated transparency in this study. SoRs are currently made available in the DSA Transparency Database, launched by the European Commission in September 2023. The DSA Transparency Database marks a historical achievement in platform governance, and allows investigations about the actual transparency gains, both at structure level as well as at the level of platform compliance. This study aims to understand whether the Transparency Database helps the DSA to live up to its transparency promises. We use legal and empirical arguments to show that while there are some transparency gains, compliance remains problematic, as the current database structure allows for a lot of discretion from platforms in terms of transparency practices. In our empirical study, we analyze a representative sample of the Transparency Database (131m SoRs) submitted in November 2023, to characterise and evaluate platform content moderation practices.
Original languageEnglish
Title of host publication2024 ACM Conference on Fairness, Accountability, and Transparency, FAccT 2024
PublisherAssociation for Computing Machinery
Pages1121-1132
Number of pages12
ISBN (Electronic)9798400704505
DOIs
Publication statusPublished - 3 Jun 2024
Event2024 ACM Conference on Fairness, Accountability, and Transparency, FAccT 2024 - Rio de Janeiro, Brazil
Duration: 3 Jun 20246 Jun 2024

Publication series

SeriesProceedings of the ACM Conference on Fairness, Accountability, and Transparency, FAccT

Conference

Conference2024 ACM Conference on Fairness, Accountability, and Transparency, FAccT 2024
Abbreviated titleFAccT 2024
Country/TerritoryBrazil
CityRio de Janeiro
Period3/06/246/06/24

Keywords

  • Computational Compliance.
  • Digital Services Act
  • Transparency

Fingerprint

Dive into the research topics of 'Automated Transparency: A Legal and Empirical Analysis of the Digital Services Act Transparency Database'. Together they form a unique fingerprint.

Cite this