General Heading Research Articles

Rise and Fall of Democracy in Regional Government: From Assignment to Election

Indonesia has been trying to develop democracy since the early independence. Assignment of the head of the region conducted from 1945 to 1999. After the big reformation in 1999, which started in 2004, Indonesia started a new chapter with the direct election model for regional heads. This research tries to find the philosophy of Indonesia’s choice to select its regional leader according to the law provided. The research is normative research with a conceptual and comparative approach. The results show that the election of regional leaders in Indonesia has not always been in line with the sovereignty of the people and the concept of democracy. Political choice has had a very significant impact. However, as it turns out into practice, as an emerging country in South East Asia, even though an assignment and not by the general election, leaders or regional heads are also considered as democratic as long as it is still on the path of openness, fair game and also according to people’s approval, including if it comes from the regional representative’s choice of candidates.

PEMBATASAN HAK BEREKPRESI DAN BERPENDAPAT ASN DALAM BERSOSIAL MEDIA DALAM BERSOSIAL MEDIA DALAM KONTEKS PENCEGAHAN PELANGGARAN NETRALITAS ASN

The phenomenon of neutrality of the State Civil Apparatus (ASN) seems to be a discussion that always exists in every general election (Pemilu) or regional head election (Pilkada). The State Civil Apparatus Commission (KASN) stated that around 1,678 cases of violations occurred within the bureaucracy and ASN ministries/institutions/regions, which involved violations of ASN neutrality in the period 2020-2022. Based on KASN data, there are violations of neutrality with the motive of utilizing bureaucratic resources, both in the form of support for programs, facilities and infrastructure as well as activities that favor certain candidates. The prohibition on civil servants being sarcastic or uploading and spreading messages attacking or criticizing the government on social media was issued in May in 2018. Ahead of the 2024 elections, which are the main means of realizing democracy in a country. In an effort to maintain the neutrality of ASN from the influence of political parties and to ensure the integrity, cohesiveness and unity of ASN, as well as being able to focus all attention, thoughts and energy on the tasks assigned, ASN are prohibited from becoming members and/or administrators of political parties, as well as running for office with conditions which has been determined by law (UU). Violations of ASN's neutrality, especially during and after the elections that took place in 2009, 2014 and 2019 and ahead of the 2024 elections. Violations can occur in the form of support provided via social media, involvement in campaigns, running for office without being followed by resignation. within the appropriate time frame and so on. This then violates the principle of neutrality and shows the partiality of an ASN which is actually very contrary to the law. Looking at the existing facts, the regulations regarding freedom of opinion held by the State Civil Service (ASN) are very different from the freedom of opinion enjoyed by the Indonesian people. This regulation can certainly limit the space for freedom of expression for State Civil Servants (ASN). However, on the other hand, as a state official, of course all aspects of ASN life are required to comply with the code of ethics that has been regulated by the state. So they face a dilemma when expressing their opinions in public spaces regarding social media in the context of preventing violations of ASN neutrality. Public pros and cons regarding government policies are still occurring, one of which concerns the issue of freedom of opinion and expression on social media, which to this day is still a matter of debate. In addition, the existence of the Information and Electronic Transactions Law (UU ITE) Number 11 of 2008 is still under discussion to this day.

Sex difference, growth pattern, and cephalic index of Turi ducks at different ages based on head morphometry

This study aims to determine the morphometric differences in the head of male and female Turi ducks. Ten male and ten female day-old ducks (DOD) were randomly selected by a lottery system from the population, raised, and had their head morphology measured using a digital caliper with an accuracy of 0.01 mm on the first day, and at the age of 2, 4, 6, and 8weeks. The result showed that male Turi duck had wider (p <0.05) head at the ages of 1 day, 2 and 6 weeks, head length and head height at the ages of 1 day, 2, 4, 6, and 8 weeks, rostrum width at the ages of 1 day, 4, 6, and 8 weeks, and rostrum length at the age of 2, 4, 6 and 8 weeks. There were no significant differences (p >0.05) in the head width at the ages of 4 and 8 weeks, rostrum width at 2 weeks, and rostrum length at 1day old male and female Turi ducks. Morphometric growth pattern showed that older Turi ducks (at a range of 1 day to 8 weeks) had larger (p <0.05) head morphometry. However, the cephalic index in male and female Turi ducks was not significantly different (p > 0.05) at all ages. It could be concluded that in general head morphometry was useful for determining male and female Turi ducks at the ages of 1 day, 2, 4, 6, and 8 weeks

Regenerative Retinal Laser and Light Therapies (RELITE): Proposal of a New Nomenclature, Categorization, and Trial Reporting Standard.

Numerous laser and light therapies have been developed to induce regenerative processes in the choroid/retinal pigment epithelium (RPE)/photoreceptor complex, leaving the neuroretina undamaged. These therapies are applied to the macula for the treatment of various diseases, most prominently diabetic maculopathy, retinal vein occlusion, central serous chorioretinopathy, and age-related macular degeneration. However, the abundance of technologies, treatment patterns, and dosimetry protocols has made understanding these therapies and comparing different approaches increasingly complex and challenging. To address this, we propose a new nomenclature system with a clear categorization that will allow for better understanding and comparability between different laser and light modalities. We propose this nomenclature system as an open standard that may be adapted in future toward new technical developments or medical advancements. A systematic literature review of reported macular laser and light therapies was conducted. A categorization into a standardized system was proposed and discussed among experts and professionals in the field. This paper does not aim to assess, compare, or evaluate the efficacy of different laser or dosimetry techniques or treatment patterns. The literature search yielded 194 papers describing laser techniques, 50 studies describing dosimetry, 272 studies with relevant clinical trials, and 82 reviews. Following the common therapeutic aim, we propose "regenerative retinal laser and light therapies (RELITE)" as the general header. We subdivided RELITE into four main categories that refer to the intended physical and biochemical effects of temperature increase (photothermal therapy, PTT), RPE regeneration (photomicrodisruption therapy, PMT), photochemical processes (photochemical therapy, PCT), and photobiomodulation (photobiomodulation therapy, PBT). Further, we categorized the different dosimetry approaches and treatment regimens. We propose the following nomenclature system that integrates the most important parameters to enable understanding and comparability: Pattern-Dosimetry-Exposure Time/Frequency, Duty Cycle/Irradiation Diameter/Wavelength-Subcategory-Category. Regenerative retinal laser and light therapies are widely used for different diseases and may become valuable in the future. A precise nomenclature system and strict reporting standards are needed to allow for a better understanding, reproduceable and comparable clinical trials, and overall acceptance. We defined categories for a systematic therapeutic goal-based nomenclature to facilitate future research in this field.

Sogo Angel OLONFINBIYI, On The Crisis of Boko Haram Terrorism: Causes and Perspectives (New York, Routledge, 2023)

The book is based on data insights obtained through qualitative research using in-depth interviews with 40 participants while presenting an analysis of the socio-economic factors that are the major reason for Boko Haram terrorism in Nigeria. The general motivation of the research consisting of nine general headings is the unabated radicalization of Boko Haram jihadists in Nigeria in the last decade. These headings are “General Introduction and Analytical Explanation of Key Concepts in Terrorism Studies”, “Towards a Demystification of Pervasive Understanding of Boko Haram Terrorism”, “Patterns That Maintain the Boko Haram Terrorism in Nigeria”, “Boko Haram Insurgency Democratic Failure and Youth Degeneration Into Terrorism in Nigeria”, “Boko Haram Terrorism and Socio-Economic Decays in Nigeria”, “Community Policing as an Antidote for Terrorism Lessons From Boko Haram Phenomenon”, “Theories and Perspectives on Terrorism: A Boko Haram Model Analysis”, “Methodology and Qualitative Research Strategy” and a final section, titled “Summary and General Conclusion” that sheds light on the main causes of Boko Haram terrorism and seeks answers to the research questions of the study (who, what, when, where, why and how) with reference to the book in general.

IMPLEMENTASI PENGGUNAAN APLIKASI SIMANIS DALAM PENGELOLAAN ARSIP DI KANTOR DESA NGREJO KECAMATAN BAKUNG KABUPATEN BLITAR

Today, the application of information technology is an important requirement in a government organization, this is to facilitate archive management in bringing order to the document assets of an organization. One of them is the Ngrejo Village Government Office which has implemented the SIMANIS application in supporting the management of organizational records. The purpose of this study is to find out how the implementation of the SIMANIS application (Village Information and Administration Management System) at the Ngrejo Blitar Village Office is in archive management and what obstacles are faced by the manager. The research method is descriptive qualitative with data sources obtained through observation, interviews, and documentation. The informants in this study were the Head of Ngrejo Village, the head of planning as the officer responsible for managing the archives, and the administrative and general heads as officers who assisted in managing the archives. The data analysis technique uses data reduction, data presentation, and conclusion drawing. The results of this study indicate that archive management at the Ngrejo Village Office has implemented information technology, namely the SIMANIS application which aims to improve officer performance, improve services, and maintain archive security. The obstacles faced in implementing the SIMANIS application are unstable internet networks because SIMANIS is basically a web-based archive management application. For this reason, the Ngrejo Village government should improve the quality of the internet network so that when officers input archive data it can run smoothly.

Neonatologist at the Well-Child Clinic: A High-Risk Infant Follow-up Pilot Study.

High-risk infant follow-up (HRIF) is a complex process lacking standardization. We present a simple, single-provider model that proved effective and is well-received by caregivers. In this study, we measured caregiver use and satisfaction with an HRIF visit attended by an experienced neonatologist in a well-care setting, soon after discharge. One hundred parents participated in the survey. Among the infants of these parents, 78% of infants were seen in the first 3 months of life and 39% within 1 month of discharge. Nutrition (98%) and development (97%) were the most commonly discussed topics, followed by general health (95%), iron supplementation (93%), and head size (90%). Using a 5-point Likert's scale, with 5 being the highest rating, parents responded that the meeting answered their questions (4.7, n = 93), organized their infants' needs (4.6, n = 90), and increased their confidence in caring for their infants (4.65, n = 92). HRIF with an experienced neonatologist is an effective means of increasing parents' understanding of their infants' medical needs and confidence in caring for their infants. · Meeting with a neonatologist after discharge addressed many crucial aspects of patient care.. · Meeting with a neonatologist after discharge was met with a high level of caregiver satisfaction.. · Neonatal consultation in the community may promote caregiver confidence in caring for their infant.. · Neonatal consultation reduced parental anxiety, especially regarding growth and development..

Aircraft Categorization Approach Using Machine Learning to Analyze Aircraft Behavior

The establishment of aircraft categories is a classification technique employed in a variety of aviation disciplines, including design and development, certification, ongoing airworthiness, air traffic management, surveillance, and safety analysis. Traditional approaches rely on manual feature engineering, which can be labor-intensive and ineffective for capturing complex patterns. In this paper, an approach to aircraft categorization using unsupervised machine learning clustering is proposed. The aim of the proposed approach is to be simple in order to be useful and understandable across disciplinary domains; to be scalable to large volumes of air traffic data; and to be adaptable to changes to account for the evolving technological and operational nature of the airspace environment. The application is based on an adapted version of the k-means algorithm that can group aircraft into clusters based on 3D position over time. The approach is validated using real-world, publicly available ADS-B air traffic data, and the results are compared to traditional categorization methods from the field of aircraft certification. The results showed that the model could be used to 1) identify and group aircraft sharing the same flight phase, 2) categorize aircraft with a similar general heading or direction, and 3) distinguish between local regional aircraft operations and longer flight operations. It was also shown that, depending on the use case, the model could be extended to identify more granular behaviors by increasing the K value used to create the model. Overall, the findings demonstrate that leveraging machine learning techniques for aircraft categorization provides an effective, automated, and scalable solution applicable to a wide range of current applications.

Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022: Badan Peradilan Khusus Perkara Perselisihan Hasil Pemilihan Gubernur, Bupati dan Walikota

The purpose of this research is to determine and analyze the balance of Constitutional Court Judges in Decision Number 85/PUU-XX/2022 and the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results. The research issues include: 1) What are the considerations of Constitutional Court Judges in Decision Number 85/PUU-XX/2022? 2) What are the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results? The research method used in this thesis is normative juridical, meaning the research starts from legal issues by analyzing legal problems through legislation, literature, and other reference materials. This thesis employs several approaches, including legal approach, conceptual approach, and case approach. The results of the discussion in this study indicate that: 1) Legal considerations underlying the Constitutional Court Decision include the absence of a special court designated by the President/Government and the DPR to handle disputes over the results of regional head elections, fundamental changes to Article 157 in three amendments to the Regional Head Election Law; the history of the development of authority in resolving disputes over election results in the Constitutional Court; and the elimination of differences in the election regime for both general elections and regional head elections. 2) The implication of constitutional Court Decision number 85/PUU-XX/2022 are, firstly, it removes the role of special judicial bodies in handling disputes over regional elections results” Secondly, there is inconsistency in the Constitutional Court’s decisions, as it previously mandated that settling regional election disputes (PHPUD) is not within the authority of the Constitutional Court. Thirdly, there is a pilin gup of election-related cases in the Constituional Court.

Pengaruh Transparansi dan Kompetensi Aparatur Desa terhadap Akuntabilitas Pengelolaan Dana Desa

This research aims to determine the influence of Transparency and Competence of Village Officials on Accountability in Village Fund Management (study at the Village Government of Natar District, South Lampung Regency). The method used in this research is quantitative descriptive where the data processing is carried out statistically and then the data used is primary data in the form of a questionnaire. The population in this study were village officials in 26 villages in Natar District, South Lampung Regency and the sampling technique used a saturated sampling method with a total sample of 130 village officials consisting of village heads, village secretaries, general and administrative heads, financial heads and planning department. The analysis technique is carried out through validity testing, reliability testing, classical assumption testing, multiple linear regression testing and hypothesis testing. Based on the results of the analysis, it can be concluded that simultaneously Transparency and Village Apparatus Competence have a positive and significant effect on Village Fund Management Accountability and partially each variable has a positive and significant effect on Village Fund Management Accountability.

Characterization of stratospheric particle size distribution uncertainties using SAGE II and SAGE III/ISS extinction spectra

Abstract. A new algorithm was developed to infer particle size distribution parameters from the Stratospheric Aerosol and Gas Experiment II (SAGE II) and SAGE III on the International Space Station (SAGE III/ISS) extinction spectra using a lookup table (LUT) approach. Here, the SAGE-based extinction ratios were matched to LUT values, and, using these matches, weighted statistics were calculated to infer the median particle size distribution values and higher-moment parameters as well as quantify the uncertainty in these estimates. This was carried out by solving for both single-mode and bimodal lognormal distributions. The work presented herein falls under two general headings: (1) a theoretical study was carried out to determine the accuracy of this methodology, and (2) the solution algorithm was applied to the SAGE II and SAGE III/ISS records with a brief case study analysis of the 2022 Hunga Tonga eruption. This methodology was demonstrated to be ≈ 25 % accurate for mode radius and has a minor dependence on particle composition. While bimodal solutions were obtained from this algorithm, we provide a conclusive demonstration of how and why these estimates are inherently unstable using SAGE III/ISS extinction spectra alone. Finally, we demonstrated how the Hunga Tonga aerosol plume evolved in regard to both size and transport over 18 months after the 2022 Hunga Tonga eruption. The particle size distribution (PSD) estimates, higher-moment parameters, and uncertainties are new products within the SAGE III/ISS Level 2 (L2) products, are currently available for download, and will be merged into the main SAGE III/ISS release products in a subsequent L2 release.

A risk factor analysis of length of hospital stay in thyroid surgeries: An experience from a tertiary care hospital of Eastern India

Abstract Background: Thyroid surgeries are one of the common surgical procedures worldwide, carried out by a range of board-certified physicians with backgrounds in general surgery, endocrine surgery, otolaryngology, thoracic surgery, head and neck surgery, and oncology. The length of hospital stay in these surgeries has not been extensively studied. The purpose of the study was to find out the factors determining the length of hospital stay in thyroid surgeries. Materials and Methods: One hundred and seven adult patients operated between January and December of 2021 were included in the study. Data were collected retrospectively from medical records using a data extraction form after getting Institutional Ethics Committee approval. Data were analyzed using Epi Info software, with a P < 0.05 taken as statistically significant. Results: The mean age of the participants was 33.6 ± 9.7 years, females (67.2%) outnumbered males. The mean duration of hospital stay was 10.55 ± 4.32 days; the length of hospital stay saw an increasing trend with the increasing age (10.89 days), male sex (11 days), those who had postoperative complications (11 days), and total thyroidectomy (15 days). Those who delayed in seeking healthcare (10 days–1 month) also reported a longer hospital stay. Conclusion: In this study, increasing age, male sex, underweight patients, patients from rural areas, those with lower educational status, and unemployed were found to have a longer hospital stay. Other factors which were seen to be associated with longer hospital stays were those undergoing total thyroidectomy, having associated complications, and delay in health-seeking behavior.

Araç Araç Haberleşmesinde Blokzincir Kullanımı Üzerine Bir İnceleme

In this study, there are theoretical information about security in communication between block chain and vehicles. When talking about block chain, its types, features and content are mentioned. In the light of all this theoretical information, the studies made using block chain in inter-vehicle communication are examined. In addition, information about the methods used and their contents related to these studies are given. The theoretical background of this information is explained under general headings. In addition, the methods used by the studies examined are also categorized and explained together with the studies. In the study, first of all, detailed information is given about the block chain as stated. Afterwards, VANET (Vehicles Ad-hoc Network) security is mentioned. Afterwards, the studies in the literature are explained, and finally, future studies are mentioned in the conclusion section.

Influence of optimal room occupancy strategies on revenue maximisation during slack periods in selected 3- to 5-star hotels in Ghana

ABSTRACT: An organisation’s inability to generate adequate income to sustain its business activities poses a significant challenge to maintaining profitability. Employing revenue-maximisation strategies is crucial to securing necessary resources and ensuring the continued success and stability of organisations. The purpose of this study was to examine the strategies adopted to achieve optimum room occupancy during slack periods to maximise revenue in 3-5 star-rated hotels in selected regions of Ghana. The study adopted a descriptive survey and incorporated mixed methods for data collection. The study was guided by neoclassical economic theory. The Yamane formula was used to determine a sample size of 60 hotels rated 3- to 5-star from the study sites. A stratified simple random sampling was employed to select 60 hotels that were used as study sites. In each hotel, eight respondents — general managers and departmental supervisors — were targeted, giving a total of 480 respondents. A purposive sampling method was used to select eight key informants from each category, drawn from the Ghana Tourism Authority and the Association of Hoteliers. Questionnaires were used to collect quantitative primary data from general managers and department heads. Key informant interview schedules were used to collect qualitative data from key informants. A multiple linear regression model was used to predict the overall relationship between independent and dependent variables. The analysed data was presented in tables and charts. The results revealed a significant correlation (R −0.823 = 82.3%) between the strategies employed to achieve optimal room occupancy. Based on the findings, it is recommended that 3- to 5-star-rated hotels in Ghana continue to focus on offering special rates and targeted marketing campaigns to attract guests, as well as collaborating with other stakeholders to expand their reach.

Extended X: Extending the reach of active externalism

The terms “extended cognition” and the “extended mind” identify two strands of philosophical argument that are commonly subsumed under the general heading of active externalism. The present paper describes an integrated approach to understanding extended cognition and the extended mind—one that papers over the differences between these two, ostensibly distinct, forms of cognitive extension. As an added bonus, the paper describes how active externalism might be applied to the realm of non-cognitive phenomena, thereby yielding an expansion in the theoretical and empirical scope of the active externalist enterprise. Both these points of progress stem from what is called the dispositional hypothesis. According to the dispositional hypothesis, extended cognition occurs when the mechanisms responsible for the manifestation of dispositional properties include components that lie beyond the borders of the thing to which the dispositional properties are ascribed.

Entrepreneurial orientation and digital transformation as drivers of high organizational performance: Evidence from Iraqi private banks

This research investigated how digital transformation affects the relationship between entrepreneurial orientation and organizational performance among private banks in Baghdad, Iraq. The study population consisted of 5,000 individuals holding various positions, including general manager, deputy general manager, department head, section head, and employee. To obtain a representative sample, the researchers employed the stratified equal random sampling method and randomly selected participants. As a result, a total of 406 questionnaires were distributed. However, only 197 questionnaires were valid and suitable for analysis, representing a percentage of 49% of the distributed questionnaires. The primary means of gathering information was through a questionnaire, and the data obtained were analyzed using inferential statistical techniques. The research findings indicated that the different aspects of entrepreneurial orientation, such as being proactive, taking risks, and flexibility, had a significant and beneficial influence on the organization's overall performance and its ability to operate effectively and engage socially. Nonetheless, the innovation aspect did not have a notable impact on the performance of the organization and its related dimensions. In addition, the research indicated that digitalization has a beneficial impact on the relationship between entrepreneurial orientation and the performance of an organization, making it more powerful. The research suggested that private banks operating in Baghdad province ought to promote innovation, foster productive social interactions, enhance their operational efficiency, facilitate digital transformation, and leverage their moderating influence to improve the performance of the organization by boosting entrepreneurial orientation.

Transcriptomic profiling and the first spatial expression analysis of candidate genes in the salivary gland of the East Asian medicinal leech, Hirudo nipponia

Hirudo nipponia, a blood-sucking leech native to East Asia, possesses a rich repertoire of active ingredients in its saliva, showcasing significant medical potential due to its anticoagulant, anti-inflammatory, and antibacterial effects against human diseases. Despite previous studies on the transcriptomic and proteomic characteristics of leech saliva, which have identified medicinal compounds, our knowledge of tissue-specific transcriptomes and their spatial expression patterns remains incomplete. In this study, we conducted an extensive transcriptomic profiling of the salivary gland tissue in H. nipponia based on de novo assemblies of tissue-specific transcriptomes from the salivary gland, teeth, and general head region. Through gene ontology (GO) analysis and hierarchical clustering, we discovered a novel set of anti-coagulant factors—i.e., Hni-Antistasin, Hni-Ghilanten, Hni-Bdellin, Hni-Hirudin—as well as a previously unrecognized immune-related gene, Hni-GLIPR1 and uncharacterized salivary gland specific transcripts. By employing in situ hybridization, we provided the first visualization of gene expression sites within the salivary gland of H. nipponia. Our findings expand on our understanding of transcripts specifically expressed in the salivary gland of blood-sucking leeches, offering valuable resources for the exploration of previously unidentified substances with medicinal applications.

Digital dilemma: technology in the vote counting process for general elections and local head elections in Indonesia

The traditional methods of vote counting and recapitulation, which include manual and layered processes, are important to ensuring data security and addressing a lack of understanding of public information technology. However, it is essential to quickly and properly disseminate election results among an increasing number of survey findings within the community. Despite this contradictory scenario, it is imperative to employ information technology tools like SITUNG and SIREKAP to ensure transparent dissemination of election outcomes. The study applies a descriptive qualitative approach, collecting primary and secondary data sources including official documents, journal articles, and textbooks. By using three analysis techniques; first, by tabulating the data; second, to categorize the data; third, interpreting the findings based on the theoretical and construction of the data. The results of this study showed three main challenges to the use of digital-based recapitulation: first, the lack of a clear legal basis for the SITUNG and SIREKAP applications, which has triggered criticism from election participants and observers; second, incomplete system support characterized by limited network connectivity, which has created difficulties for field operators in the local level; and third, inappropriate data management in the SITUNG and SIREKAP applications, which included incorrect data entry. Election organizers should be aware that technology-based recapitulation data can become digital evidence for contesting parties in election courts.

Impact of Social Media on Academic Performance of Pupils. A Case Study of Chipepo Secondary School in Gwembe District

The study was the impact of social media on academic performance of pupils. A case study of Chipepo secondary school in Gwembe District in Southern Province, Zambia. The researcher used the descriptive quantitative research method supported partly by qualitative data. The population for the study consisted of 110 purposively selected grade 12 pupils in one (1) purposively selected secondary school (Chipepo) in Gwembe district in Zambia. A total sample of 40 grade 12 pupils were simple randomly selected using balloting from Chipepo secondary which was included in this study. The instrument used for the study was a thirty (31) item close ended questionnaire and an interview guide for research question 4. The data collected was coded and analyzed using descriptive statistics. Findings from the study revealed that male pupils used social media more than their counterparts the female pupils. Moderate time 61-90 minutes was spent by pupils on social media per day. The use of social media did not distract academic performance of pupils instead it helped them to improve academic performance. Pupils who used social media were middle aged to younger. Google was commonly used by pupils also WhatsApp and Facebook. It was therefore recommended that the Ministry of General Education and head teachers institute incentives that might help to encourage the use of social media in schools.

The Digital Services Act and the Problem of Preventive Blocking of (Clearly) Illegal Content

The adoption of the long-awaited Digital Services Act (DSA) is undoubtedly one of the more significant successes related to the implementation of the ambitious EU Digital Strategy. In addition to important announcements that the new law will help to transform the next few years into Europe’s digital decade, an update of the liability framework for digital service providers also provided an opportunity for a broader reflection on the principles of building governance in cyberspace. Indeed, the notice and takedown model, which had been in place for more than two decades, had become progressively eroded, leading service providers to increasingly implement proactive content filtering mechanisms in an effort to reduce their business risk. The aim of this article is to explore those changes introduced by the DSA which affect the regulatory environment for the preventive blocking of unlawful online content. In this respect, relevant conclusions of the ECtHR and CJEU jurisprudence will also be presented, as well as reflections on the possibility and need for a more coherent EU strategy with respect to online content filtering. The analysis presented will focus on filtering mechanisms concerning mainly with what is referred to as clearly illegal content, as the fight against the dissemination of this type of speech, often qualified under the general heading of “hate speech”, is one of the priority tasks for public authorities with respect to building trust in digital services in the EU.