The European Union’s Digital Services Act (DSA) is set to reshape the landscape of online platforms, introducing a novel regulatory framework that emphasizes systemic risk assessments. This approach, as outlined in a recent article by Niklas Eder from the University of Oxford’s Centre for Socio-Legal Studies, aims to tackle the societal harms associated with content moderation on digital platforms.
The DSA recognizes that while existing regulations primarily focus on protecting user rights, they fall short in addressing broader societal impacts. Eder argues that systemic risk assessments are crucial for platform accountability, stating, “Engaging with intangible harms and regulating speech and public discourse, risk assessments also entail significant challenges.” This highlights the complexity of evaluating risks that extend beyond individual user experiences to encompass societal implications.
For the energy sector, this regulatory shift presents both challenges and opportunities. As energy companies increasingly engage with digital platforms for communication and customer interaction, they must navigate the implications of systemic risk assessments. Companies will need to ensure that their content and messaging do not inadvertently contribute to societal harms, which could lead to reputational damage or regulatory penalties.
Moreover, the DSA encourages a “virtuous loop” where civil society plays an active role in shaping the standards for systemic risk assessments. This could open avenues for energy firms to collaborate with civil organizations, enhancing their social license to operate and demonstrating their commitment to responsible communication. Eder suggests that instead of rigid standards, a procedural framework should be established, allowing for the evolution of these assessments over time. This flexibility could benefit energy companies as they adapt to changing societal expectations and technological advancements.
As the DSA rolls out, energy firms will need to stay informed and engaged with the evolving regulatory landscape. By proactively participating in discussions around systemic risk assessments, they can better align their strategies with the expectations of regulators and society at large. This proactive approach not only mitigates risks but also positions companies as leaders in responsible digital engagement.
The insights from Eder’s article, published in the German Law Journal, underscore the importance of adapting to new regulatory challenges while seizing opportunities for collaboration and accountability in the digital age. Energy companies that embrace these changes may find themselves better equipped to navigate the complexities of content moderation and societal impacts in an increasingly digital world.
