A progressive report on the Digital Services Act (DSA) adopted by the Committee on Civil Liberties, Justice and Home Affairs (LIBE) in the European Parliament in July is the first major improvement of the draft law presented by the European Commission in December. MEPs expressed support for default protections from tracking and profiling for the purposes of advertising and recommending or ranking content. Now the ball is in the court of the leading committee on internal market and consumer protection (IMCO), which received 1313 pages of amendments to be voted in November. Panoptykon Foundation explores if the Parliament would succeed in adopting a position that will contest the power of dominant online platforms which shape the digital public sphere in line with their commercial interests, at the expense of individuals and societies.

Facebook Files provided yet another confirmation that the company's extremely profitable recommender systems come at a high price paid by vulnerable individuals and our societies. Algorithms optimised for engagement amplify toxic content, such as hate speech or disinformation, and target humans based on their vulnerabilities.

Data retention obligation will not be further extended in Polish law on electronic communication. However, the current, unlawful scope of telecommunication data retention remains unchanged. Our advocacy effort proved successful.

Polish government’s proposal for a new law on “protecting free speech of social media users” introduces data retention, a new, questionable definition of “unlawful content”, and an oversight body (Free Speech Council) that is likely to be politically compromised. In this context, “Surveillance and Censorship Act” would be a more accurate name.