A New Liability Regime for Illegal Content in the Digital Single Market Strategy

Abstract

This chapter reviews developments in the regulation of online platforms as a result of the European Digital Single Market (DSM) strategy. In order to show a shift from a conditional liability regime to an organizational one—that is, a regime where liability depends on the structure adopted by the undertaking in relation to the diverse types of content—this chapter unpacks the category of illegal content (copyright infringing content, harmful content, and misleading content) and details for each type the obligations that have been envisaged by the European institutions. In doing so, the chapter establishes the boundaries of the online intermediaries’ liability regime for illegal content that is emerging within the DSM strategy, analyses its main features, and addresses its coherence.