Social media platforms such as Instagram, TikTok, and X play a major role in shaping opinions in our society. In order to put a stop to problematic content such as disinformation and cyberbullying, providers should be held more accountable. Professor Miriam Buiten's research focuses intensively on the regulation of online platforms.
"We must always bear in mind that social platforms with a profit motive are designed to keep us on them for as long as possible," Miriam Buiten points out. "Study after study shows that it's not just harmless content such as cat videos that captivates users but also the controversial and polarising content, generating the most clicks." This is how conspiracy theories and disinformation reach millions of people. "The platforms have no journalistic or ethical standards. What counts is not expertise, but popularity. Their goal is to maximise their own advertising revenue and clicks."
Social platforms also have a relevant influence on other worrying social developments, the HSG professor emphasises. Cyberbullying has already led several times to young people taking their own lives. She cites the spread of hatred, depictions of violence and false information as further undesirable developments in social media. Unlike in the USA, the EU is now taking action against these excesses with the DSA. "Online platforms must, for example, disclose how much illegal content they have removed, but also how many users they have removed. And they have to assess certain risks. Examples include the risks to children on the platforms or the extent to which disinformation is present."
"The DSA recognises that these platforms have gained a lot of power over what information is disseminated and is prominently visible. Regulatory measures now oblige them to make their decisions in a transparent and comprehensible manner," states Miriam Buiten. However, she considers the fact that the liability of the platforms has not been taken into account to be a missed opportunity. "The platforms enjoy a liability privilege that was passed in the 1990s. This is based on the fact that earlier, the platforms were neutral, passive intermediaries. This is no longer the case today." Without the modernisation of the liability provisions, the platforms would have to pay a fine if they did not comply with the obligations, but injured users would not benefit.
Another point of criticism is that the DSA obliges these platforms only to react to illegal content if they are made aware of it by users. For Miriam Buiten, however, platforms should also be obliged to take proactive action against illegal content. When a person shot over 50 people in New Zealand and streamed this live on Facebook, the platform managers talked themselves out of it by saying that no user had reported it. "In my opinion, this is clearly not enough to take responsibility and avoid such terrible content. Although platforms will never be able to completely prevent the spread of all harmful content, they should at least try to do more to prevent it."
A law to regulate platforms is also currently being drafted in Switzerland. For Miriam Buiten, it makes sense for Switzerland to be guided by the DSA. At the same time, Switzerland needs to consider whether it wants to introduce such an extensive administrative system, which is associated with a great deal of bureaucracy. "The key elements for Swiss users are more transparency and control. Certain risk assessment obligations towards the authorities could be omitted in Switzerland or simply coordinated with the DSA because the platforms already disclose such information to the European authorities."
And what is Miriam Buiten's response to critical voices that see regulations such as the Digital Services Act as a threat to freedom of expression? "It is highly concerning when state authorities interfere with freedom of expression. But I don't see any danger in the DSA because it doesn't require legal content to be removed," she replies. "The DSA doesn't tell platforms what legal content they should allow, but demands transparency about the risks of harmful legal content, such as disinformation."
“The key elements for Swiss users are greater transparency and control.”
HSG Professor Miriam Buiten's research work on the regulation of online platforms and new technologies attracted the attention of the Fondation Latsis Internationale. Every year, it honours young researchers at selected universities in Switzerland. In spring, the Latsis Prize was presented to Miriam Buiten at Dies Academicus. The Assistant Professor of Law and Economics is also working on a book on the subject, which is about to be published.
Miriam Buiten is Assistant Professor of Law in combination with Economics at the Law School of the University of St.Gallen.
