The European Commission has designated ChatGPT, Reddit and Roblox as very large online platforms or search engines under the bloc’s Digital Services Act, meaning the two tech giants will have more responsibilities in Europe. The designation is based on their large market share in the EU and imposes a more stringent regime of obligations, including measures to tackle online risks, safeguard their users and enhance accountability of some of the internet’s most popular services.
The three platforms were added to the list of digital services under the EU Digital Services Act, or DSA, which are the strictest under the bloc’s most stringent requirements on August 31, when the European Commission announced the designation. The bill aims to develop a safer and clearer online environment, and involves the biggest online giants in the responsibility of handling risks linked to content and services they offer users online.
One of the main reasons for the decision has been the amount of individuals engaging in services in the European Union. The ChatGPT app has stated it has at least 45 million monthly users in Europe, as has Reddit and Roblox. Once that crosses the threshold, a service qualifies for the “very large” category, and must meet the responsibilities imposed on very large online platforms beyond those imposed on smaller online platforms.
The designation carries special importance as the three services have very different aspects of the digital economy. While Reddit is more of a discussion and community site, ChatGPT is an artificial intelligence service that enables users to create and engage with digital content. Roblox is, on the other hand, a blend of gaming, social interaction and user-generated experiences. All three have various differences, but all are capable of allowing a significant number of individuals to communicate or view content in large quantities.
The new requirements will require the companies to comply with the extra obligations of the very large platform classification within four months after their designation. The time allows the companies to evaluate their existing systems and boost measures as needed. The EU has granted regulators wide-ranging powers to investigate how big online services are operating and how well they are mitigating risks, which will be closely monitored.
Illegal content is one of the most crucial requirements. Very large platforms are expected to identify and evaluate ways to use their services to disseminate illegal content. They are required to then take reasonable measures to mitigate those risks. This isn’t just about getting rid of individual content after it’s been reported. The overall approach is to review the design and use of their services and ask if there are any features that might help to spread harmful or illegal material.
Child and youth are also a major focus of the rules. The large digital platforms need to evaluate potential risks to minors and take measures to minimize harm that may be caused by their services. As youth have been spending significant time on social networks, gaming platforms, and AI-powered services, it has grown into an area of technology regulation of increasing importance.
The European Commission’s attention doesn’t just cover illegal content and child protection. The very large platform rules mandate that companies take into account possible impacts on fundamental rights, public security, democratic processes. The Electoral processes are highlighted as one of the areas where platforms should evaluate and address potential threats. This comes as regulators are becoming increasingly worried about the power that big digital platforms can wield over the production of information, its dissemination and its consumption, in times of sensitive politics.
On platforms with millions of users, this can not always be limited to individual posts or interactions. Recommendation systems, search algorithms, and moderation tools and other technological features may impact what users are exposed to and the rate at which certain content is disseminated. The DSA instead adopts a more holistic strategy that calls for the biggest services to conduct a review of systemic risks stemming from their platform operations.
It is also notable that the European Union has interpreted the definition of ChatGPT under the law, as it is classified as such. The Commission has decided that ChatGPT meets the definition of an online search engine for the purposes of the DSA. It is indicative of the growing importance of AI systems in assisting users to locate, sort and create information. While traditional search engines usually lead users to existing webpages, generative AI tools can generate their answers. The regulatory landscape is thus being applied in a digital landscape that is evolving and where the distinction between search and information services and AI-generated content is becoming increasingly blurred.
Reddit and Roblox have been defined as online platforms because they enable the uploading of third party content by users to the public. Reddit relies on user content, including discussions, posts, comments, and shared content, while Roblox allows users to create and share content in its ecosystem, such as experiences. Their classification has underscored the growing importance of UGC in the context of online services and the role of platforms that provide space for it.
The European Commission will have an important role in supervising compliance. The DSA framework allows for regulators to review whether very large platforms are fulfilling their obligations, and to look at the systems and functionalities underpinning their services. This enhances the visible way in which the Commission has access to how large technology platforms are dealing with risks, rather than only having to rely on companies to explain how they are doing this.
