Automated Transparency: A Legal and Empirical Analysis of the Digital Services Act Transparency Database (2404.02894v2)

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.

Automated Transparency through the DSA Transparency Database: Legal and Empirical Insights

Introduction

The Digital Services Act (DSA) represents a significant regulatory milestone within the European Union, aiming to enhance accountability and transparency in digital platform governance. A critical component of the DSA is the obligation for online platforms to report content moderation decisions via Statements of Reasons (SoRs), which are compiled in the DSA Transparency Database. This novel mechanism of automated transparency allows for a detailed examination of platform compliance and content moderation practices, setting a new benchmark in platform governance. This blog post explores the effectiveness of the DSA Transparency Database in fulfilling the DSA's transparency objectives, addressing the compliance issues observed, and examining the potential implications for future developments in AI and regulatory practices.

The DSA Transparency Database

The DSA Transparency Database, initiated in September 2023, marks a pivotal step in the quest for greater transparency in online content moderation. It requires Very Large Online Platforms (VLOPs)—defined as platforms with at least 45 million monthly active users in the EU—to report their content moderation decisions. This database is not only aimed at fostering transparency but also serves as a tool for investigating the adherence of platforms to DSA mandates on a scale previously unseen. As of February 2024, all online platforms engaged in content moderation within the EU are obliged to contribute SoRs to the database, underpinning the extensive scope of this transparency initiative.

Compliance and Transparency Gains

A thorough examination of the database's schema against the prerequisites of Articles 17 and 24 DSA indicates a designed framework conducive to transparency. However, it also reveals the discretionary power left to platforms regarding the extent of information disclosed in their transparency practices. The empirical paper of submitted SoRs unveils varying degrees of compliance across platforms, reflecting a rich tapestry of content moderation landscapes. Despite some platforms embracing their reporting obligations, the paper identifies gaps pointing to selective transparency and potential non-compliance areas, underscoring the complexity of operationalizing DSA mandates.

Platform Practices and DSA Compliance

The analysis categorizes platform compliance and practices into who is reporting, how moderation decisions and detection are executed, why content is moderated, what moderation actions are reported, where content is moderated in terms of language and territorial scope, and when SoRs are submitted. Notably, the database's empirical data reveal a predominant reliance on Terms of Service (ToS) violations over illegal content as grounds for moderation. This preference underscores the nuanced balance platforms navigate between regulatory compliance and the autonomy of their governance policies.

Implications and Future Directions

The DSA Transparency Database initiates a critical dialogue on the efficacy of automated transparency in regulating platform governance. While the database showcases a stride toward transparency, it concurrently highlights the challenges in ensuring full compliance and the efficacy of content moderation disclosures. The findings suggest a need for more robust mechanisms to enhance the clarity, specificity, and meaningfulness of SoRs, ensuring that they serve their intended purpose of accountability.

Moreover, the dataset's insights call for ongoing research to understand better the compliance nuances and the broader implications of such transparency initiatives on content moderation practices. As the regulatory landscape continues to evolve, the learnings from the DSA Transparency Database offer valuable lessons for future AI and regulatory policy developments, emphasizing the need for adaptable, nuanced, and collaborative approaches to governing the digital ecosystem.

Conclusion

The DSA Transparency Database serves as a foundational step towards realizing the ambitious transparency goals of the DSA. While it unveils the diversity and complexity of platform content moderation practices, it also brings to light the challenges inherent in standardizing transparency across varied platforms. As the database continues to evolve, it will be imperative to refine its mechanisms, ensuring it effectively contributes to the broader objectives of fairness, accountability, and transparency in the digital space.