On October 30, 2024, the Institute for Global Governance Research (GGR) held the 32nd GGR Brown Bag Lunch Seminar titled “Protection of Fundamental Rights in Online Platform Spaces: A Focus on the EU Digital Services Act,” inviting Dr. Yumiko Nakanishi, Professor at the Graduate School of Law at Hitotsubashi University.
Professor Nakanishi began by answering the question of who protects fundamental rights in the online space, and then introduced the Digital Services Act (DSA). She explained about the background of the regulations and provisions and examined fundamental rights from three perspectives: the recipients of the service, the providers of the service, and those affected by illegal content. All three groups are covered by the DSA. She also mentioned that the Digital Services Act assigns roles to several entities.
Professor Nakanishi then focused on two issues: how online platform operators are obliged to protect fundamental rights, and how service recipients (posters) are guaranteed their rights (freedom of expression) and how they can resolve any cases where they believe their rights have been violated. She developed her presentation by citing specific regulations. In addition, she emphasised the importance of terms of use in the relationship between online platform operators and service recipients (posters), and introduced three redress systems for service users after interpreting the basic rights and obligations of both parties.
Professor Nakanishi also introduced the “trusted informant” system. She explained in detail the contents of this system, which not only constantly monitors the appropriateness of content in online spaces, but also legally requires a reporting and response mechanism when inappropriate content is discovered in this context. She used the anime “Fureru” to illustrate freedom of expression and spoke about the importance of the European Media Freedom Act, which was created after much deliberation.
Professor Nakanishi concluded by saying that the DSA is a new form of legal framework, but it is also a “constitution” that regulates the exercise of power by economic operators. During the Q&A session, questions were asked about how and in what areas the review will be conducted, and why giant online platform operators, rather than the state, can take responsibility for regulating and guaranteeing freedom of expression. In response, Professor Nakanishi explained that the audit is described in Chapter 4 of the DSA and that large online platform operators have a duty to assess and mitigate systemic risk. On the issue of regulating and guaranteeing freedom of expression, she replied that they need to build a high level of trust because they are active in the online space and have users who are active in it.
【Event Report prepared by】
YAN Feng （Master’s student, Graduate School of Law, Hitotsubashi University）
KISHI Akihito （Undergraduate student, Faculty of Law, Hitotsubashi University）
