Below you can find research articles on the above topics:
Orit Fischman-Afori, ‘Content Moderation by AI Systems’, 2024
Content moderation has become a central site of tension between freedom of expression, democratic values, and the power of private online platforms. As platforms increasingly rely on AI systems to moderate vast volumes of content, automated decision-making has intensified concerns about opacity, error, bias, and the erosion of procedural safeguards for affected individuals. These concerns are particularly salient in the EU, which has adopted a comprehensive digital regulatory framework, most notably the Digital Services Act (DSA) and the Artificial Intelligence Act (AI Act).
This article argues that while the DSA advances important procedural obligations in platform governance, the AI Act largely reflects a product-liability-oriented regulatory model that insufficiently addresses individual rights in AI-based content moderation. Drawing on procedural justice and administrative due process theory, the article proposes a shift toward an individual-rights-oriented regulatory approach. It identifies three core procedural requirements for AI-driven content moderation: providing understandable reasons for decisions, ensuring objective review involving meaningful human discretion, and granting affected individuals an opportunity to be heard. Embedding these principles can enhance fairness, legitimacy, and trust in platform governance.
Jan Oster, Copyright reforms in the online world from a fundamental rights perspective, 2025
The digital environment has intensified tensions between copyright protection and fundamental rights, particularly freedom of expression and media freedom. This essay examines European copyright reforms in the online context from a fundamental rights perspective, focusing on the relationship between Article 17(2) and Article 11 of the EU Charter of Fundamental Rights, interpreted in light of the European Convention on Human Rights. Using the InfoSoc Directive 2001/29/EC as a case study, the essay critically analyses the exceptions for reporting on current events and quotation under Article 5(3)(c) and (d), with reference to the Court of Justice of the European Union’s decisions in Funke Medien and Spiegel Online. It argues that the directive’s rigid, binary conditions restrict meaningful balancing between copyright and freedom of expression, particularly in cases of public interest reporting. The essay concludes that copyright law is increasingly used to control information rather than protect creative expression and calls for a stronger freedom of expression privilege within EU copyright law, informed by the jurisprudence of the European Court of Human Rights.
Bernd Justin Jütte, Procedural fairness and efficiency of out-of-court dispute settlement bodies under Article 21 of the Digital Services Act, 2025
This contribution examines the procedural fairness and efficiency of out-of-court dispute settlement bodies (ODSBs) under the Digital Services Act (DSA) in the European Union. It analyzes the DSA's legal framework for content moderation, focusing on the role of ODSBs as a crucial, non-obligatory step for users to contest platform decisions. The contribution delves into the evolving institutional landscape of ODSBs, including certification requirements and emerging typologies. It identifies key threats to procedural fairness, such as competition for fees, limited availability of local ODSBs, and potential capacity overload. The article concludes by emphasizing the importance of ODSBs in safeguarding fundamental rights and ensuring a trustworthy online environment, advocating for harmonization and increased cooperation between platforms and ODSBs.
Last Updated on 12 Ιανουαρίου, 2026
