ARTICLE 19 urges EU Court to uphold stricter DSA obligations for major online platforms
As the Court of Justice of the EU examines a challenge brought by Technius over its Digital Services Act designation, ARTICLE 19 is calling for the case to reinforce, rather than weaken, the fundamental rights obligations applied to very large online platforms. The ruling will help clarify how the DSA’s enhanced due diligence rules should operate for services with significant influence over users and public discourse.
On 13 November, as the Court of Justice of the European Union (CJEU) examined Technius v. Commission, ARTICLE 19 publicly set out its position on the case, urging the Court to reject Technius’ attempt to overturn its Digital Services Act (DSA) obligations. The proceedings concern the European Commission’s designation of Stripchat, operated by Technius, as a Very Large Online Platform. This designation applies to services with more than 45 million EU users and triggers additional duties intended to safeguard transparency, limit systemic risks and protect fundamental rights.
ARTICLE 19 argues that these obligations are necessary because platforms of this scale can influence public discourse and affect users’ rights through their content moderation rules and the behaviour they enable. Technius has contested the designation, claiming that its service does not create the systemic risks the DSA is designed to address.
In its published views on the case, ARTICLE 19 emphasises that the DSA places responsibility for risk assessment on platforms themselves, with oversight from the European Commission. The organisation warns that weakening this framework could allow major platforms to avoid mandatory safeguards before the law is fully implemented.
ARTICLE 19 also highlights potential risks linked to Stripchat’s size and nature, including impacts on freedom of expression and forms of abuse that can disproportionately silence women. In its assessment, services with large user bases can generate the very risks the DSA seeks to mitigate, underscoring the need for robust due diligence requirements.
The Court’s decision, once delivered, will help clarify how the EU intends to apply the DSA’s enhanced obligations to influential online services and determine the extent to which platforms must take responsibility for identifying and reducing risks to users’ rights.
