Digital Services Act & Terrorist Content Online Regulation: Analysis and Comparison

The Digital Services Act (DSA) and the Regulation on Terrorist Content Online (TCO) are both legislative measures enacted by the European Union (EU) which are aimed at regulating digital
services and combating the spread of harmful content online. While both measures are concerned with reducing online harm in the EU, they differ in the nature and extent of: the harm they purport to mitigate; the burden of compliance imposed on platforms undertaking relevant activities; and on the activities which bring platforms in scope. In its concern with a more specific and egregious form of online harm, the TCO generally imposes more stringent requirements on tech platforms and is expressed in more mandatory terms. However, this is not uniformly the case across all the areas which are common to both the DSA and the TCO. In the matter of crisis response in particular, the DSA’s requirements are more exacting and potentially more onerous than those provided by the TCO.