DSA research network

Risk-based governance approaches like the DSA aim to balance potentially conflicting policy objectives and ensuring a safe and transparent online environment. However, there are significant questions of how the risk-based approach can be operationalised in a democratic and inclusive way. Additionally, it remains to be seen if it can actually fulfil the expectations placed in it. In this focus point, we will conduct research on the following aspects of risk-based governance approaches:

	Assessment and evaluation framework for the risk-assessment procedures under the DSA based on mapping existing risk assessment approaches. These will be analysed along with the ongoing assessments.
	Critical analysis of the anticipated role of access to research data in informing the operationalisation of the systemic risk approach through Article 40 DSA.

Questions around the risks stemming from digital platforms are prominently discussed in the context of the DSA. On the one hand, we are interested in “hybrid governance” of contents, meaning the private governance of contents by platforms (through their terms of service) and by governments (through laws). On the other hand, we analyse risk-based governance, meaning the legislator’s focus on individual and societal risks. These two regulatory ideas have been shaped over the last years, yet, we still know little about their impact on collective rights. Therefore, we want to address this gap through an interdisciplinary research approach drawing from fields of law, computer science, democratic theory, as well as media and communication. We are focussing on the following research processes:

	Development of a methodology of common risk mitigation measures based on analyses of strategies and reports of different online platforms.
	Legal and social science analysis of the impact of risk mitigation measures on collective rights and values.

With new forms of “due diligence” and “hybrid governance” put in place by the DSA, we are looking at the practical interpretation of norms. To do so, we are focussing on hybrid governance systems or norms requiring due diligence. To gain a deeper understanding of the interaction between different levels of rulemaking and enforcement, we are looking at the impact on specific fundamental rights. In particular, we analyse how freedom of expression, non-discrimination, and media freedom can and should inform regulatory requirements for content moderation:

	Understanding the interactions between different levels of rulemaking and enforcement, both private and public.
	Analysis of the optimal impact of fundamental rights on requirements on content moderation in a hybrid governance framework.