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The explicit reference to human rights in its charter acknowledges that companies have a role in protecting and enforcing human rights.

This is consistent with efforts by the United Nations and other advocacy efforts to create standards on how businesses should be held accountable for human rights abuses. In light of Facebook’s entanglement in misinformation, scandals and election falsehoods, as well as genocide and incitement of violence, it seems particularly pertinent for the company.

To date, we have assigned such decision-making powers to states, many of which are accountable to their citizens. Facebook, on the other hand, is unaccountable to citizens in nations around the world, and a single individual (Mark Zuckerberg) holds majority decision-making power at the company.

The EU’s overall objectives are certainly well-intended. However, many concerns remain, for instance:

The DSA should tackle bad players and behaviours regardless of the platform’s size and country of origin. Having a specific regime for “very large online platforms” with additional obligations leaves the door open for rogue players to simply move to smaller digital service providers that are subject to a lighter regime.

To prevent legal uncertainty, the DSA should have a clear scope focusing on illegal content, products and services. The rules should be horizontal and principle-based, and could in a second phase be complemented with more targeted measures (legislative and non-legislative) to tackle specific concerns. 

[19] The Order of the Court will incorporate provision for liberty to apply. By this mechanism the Plaintiff, if necessary and if so advised, will be able to seek further relief from the Court if there is any recurrence of the offending publication. Of course, in such eventuality, it will be open to Facebook, acting responsibly and in accordance with the principles and themes clearly expressed in this judgment, to proactively take the necessary removal and closure steps.

[20] I refuse the Plaintiff's application for the wider form of interim injunction sought by him. This was to the effect that Facebook be required to monitor the offending webpage in order to prevent republication of the offensive material. In this respect, I prefer the argument of Mr Hopkins that such an order would lack the requisite precision, could impose a disproportionate burden and, further, would potentially require excessive supervision by the Court. See Cooperative Insurance v Argyll [1997] 3AL ER 297, pages 303 – 304, per Lord Hoffman. See also Halsbury's Laws of England, Volume 24 (Fourth Edition Reissue), paragraph 849. The propriety of granting this discrete remedy will, of course, be revisited at the substantive trial, against the backcloth of a fuller evidential matrix, which should include details of how this social networking site actually operates from day to day.

Recognising the need for co-operation between States and private industry

need to protect legitimate interests

roper balance between the interests of law enforcement and respect for fundamental human rights