Seven years ago, in the wake of the digital tax in Austria, our CEO, lawyer Philip Kübler, commented on the legal issues facing online platforms:
https://medienwoche.ch/2019/01/15/digitalsteuer-nur-die-spitze-des-eisbergs.
The digital tax is a politically more visible and, objectively speaking, more logical step, but it does not address the market structure or the responsibility of the platforms.
What stood out then, as it does now, were the legal rules which the platforms generally take no interest in. These include rules of law and decency that are taken for granted by other actors in public communication – the media, businesses, academia, the cultural sector, government bodies and individuals.
Platforms, masters of evasion and circumvention, paid no heed to the limits of their content and its dissemination. They tend to act as if above the law and with a sense of self-righteousness.
And today? Half a childhood later, communication platforms are even more powerful – and even more important. They form the infrastructure for democracy, social cohesion and culture.
Now a law is to be drafted in Switzerland. It does, at least, address the very large communication platforms and search engines:
https://www.uvek.admin.ch/de/newnsb/6TmEAde4htulaWG9CWYtK
The large communication platforms, as planned, must handle user complaints, explain manual interventions in content distribution and, in the event of a dispute, allow for mediation; they must disclose their algorithmic selection and prioritisation of content and allow this to be investigated, explain their risks, advertising and terms of use, and they will be subject to regulatory supervision and potential sanctions by BAKOM, the Federal Office of Communications.
On behalf of ProLitteris, we will support the proposed legislation. We will comment on whether this will finally establish shared responsibility on the part of the platforms for infringements, abuses and risks. It is not only general societal concerns regarding disinformation, discrimination against groups and hate speech that need to be strengthened, but also individual rights. These include data protection and privacy rights, as well as intellectual property rights. Taken as a whole, these rights are also relevant to democracy, the rule of law and society. The ‘creative industries’ are also of economic significance. The scope of the due diligence obligations should cover infringements in this regard. Furthermore, there is a need for legal representation and enforcement mechanisms in Switzerland.
The consultation period runs until mid-February. ProLitteris intends to submit comments in conjunction with the other collective management organisations.