Freedom of expression and content moderation: the legal and economic costs of Digital Services Act

Abstract

This thesis explores the legal and economic implications for the Digital Services Act with a particular focus on its impact on freedom of expression and content moderation on one hand, and on Very Large Online Platforms and SMEs on the other hand. The study investigates whether the Digital Services Act achieves a fair balance between protecting users from harmful content and maintaining fundamental rights. It critically analyzes the legal foundations of the Digital Services Act, comparing it to the Electronic Commerce Directive, and evaluating the main obligations within the framework of European Court of Human Rights. The thesis further examines the economic burdens and benefits for such actors as Very Large Online Platforms and SMEs. The thesis suggests that while the Digital Services Act strengthens safety online and harmonizes digital regulatory framework, it also provides increased legal uncertainty and raises concerns about disproportionality in compliance. The thesis concludes that effective implementation depends on ensuring proportionate moderation, effective access to remedy, and economic rationality for all market actors.