Justice Ministers Debate on DSA
2 July 2021
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl

Following the Commission proposal on a Digital Services Act (DSA) – presented in December 2020 (→ eucrim 4/2020, 273-274) – the ministers of justice of the EU Member States held a debate on the plans to combat illegal content online at the JHA Council meeting on 7 June 2021. The debate mainly focused on the aspects related to orders to providers from national authorities to act against illegal content or to provide information, as well as the obligation of large providers to notify suspicions of serious criminal offences to authorities. Ministers particularly stressed:

  • The freedom of expression must be ensured when restrictions are enacted;
  • Regarding the orders from national authorities, it must be clarified that the DSA does not conflict with other JHA instruments;
  • Regarding the notification obligations for providers, the DSA must clarify the concepts of “serious criminal offence involving a threat to life or safety of persons” and the “promptness” of reaction.