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European Union

Directive (EU) 2024/1385 with the DSA: new offences (deepfakes, image‑based abuse, harassment) and stricter platform duties on removal, risk mitigation and co‑operation with authorities

Published on: 28 August 2024

Published by an LexisNexis EU Law expert
Legal News
Article summary

The rise and circulation of pornographic deepfakes, the distribution of intimate images without consent, and online sexual harassment fall most heavily on women and other marginalised communities in particular, affecting both high-profile figures such as Taylor Swift and everyday social media participants. With such conduct proliferating, the EU has signalled its resolve to curb it on digital platforms—no simple or straightforward undertaking, yet one the 27-member bloc is intent on addressing through the EU DSA. Yet the EU DSA stops short of listing particular categories of unlawful content. Accordingly, dovetailing the EU DSA with sector-specific and domestic rules is vital to counter the expanding array of illegal material online—among them the newly adopted Directive (EU) 2024/1385 on combating violence against women and domestic violence (see: LNB News 28/05/2024 21). In force since 16 November 2022, the EU DSA targets illegal content and promotes a fair, open platform ecosystem throughout the EU (see: LNB News 17/11/2022 26, LNB News 16/02/2024 53 and News Analysis: Online platforms brace as EU's Digital Services Act comes fully into force). Enforcement has been particularly robust in recent months...

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