Episode Overview

Podcast: The Tech Policy Press Podcast
Episode: The Digital Services Act is a Lightning Rod for Debate
Date: February 15, 2026

This episode, hosted by Ramsha Jahangir for Tech Policy Press, takes listeners inside Amsterdam’s second major conference on the EU's Digital Services Act (DSA). Two years after the DSA’s enforcement began, academic researchers, civil society groups, and regulatory experts assess what has changed, the challenges encountered, and what the future holds for platform regulation in Europe and beyond. The discussion ventures beyond legal developments to touch on risk assessments, systemic risk definitions, enforcement complexities, and geopolitical pressures shaping the DSA's real-world impact.

Key Discussion Points and Insights

1. Growth and Maturation of DSA Research

[03:29 - 05:51]

• Research interest has rapidly expanded since the inaugural conference, with double the paper submissions and a broader range of topics covered.
• Initial uncertainty surrounding terms like "systemic risks" has shifted—there is now a wealth of empirical material, including platform reports, commission decisions, and actual investigations.
• Notable new research focuses: election influence, minors’ protection, out-of-court dispute settlements, deceptive design, and the DSA’s alignment with AI/digital markets regulations.
   Quote (John Albert, 03:29):
   “The field has definitely grown in a couple of years... now it's sort of a blue ocean.”
   Quote (Paddy Leerson, 04:46):
   “We have decisions, we have events, we have legal developments to reflect on.”

2. Defining and Investigating Systemic Risks

[05:51 - 10:56]

• Systemic risk remains a central but vaguely defined concept. However, recent Commission decisions provide early guidance (e.g., the TikTok case involving infinite scroll and addictive design).  Quote (Magdalena Yuzwiak, 06:43):
   “We already have some preliminary opinion about systemic risks in the context of infinite scrolls and TikTok, how it's addictive towards users, especially minors and the vulnerable users. That's very substantive and that's very broad understanding of how to interpret the concept of risk.”
• Commission’s willingness to take bold enforcement action is a positive surprise, with ongoing investigations against Meta and X on related issues.
• There is tension between auditors’ generally procedural approach and the unclear standards for platform compliance. Many platforms pass audits despite a lack of coherent risk-mitigation logic.

3. Audits, Reports, and the Trouble with Compliance

[10:56 - 11:29]

• Auditors play a powerful role in interpreting what constitutes sufficient risk mitigation, highlighting both the strengths and weaknesses of a flexible audit system.  Quote (John Albert, 09:54):
   “There isn't a good definition of what compliance means in this context. And so auditors are erring sort of on the side of caution.”

4. Private and National Enforcement: New Fault Lines

[11:29 - 15:44]

• Private enforcement was not a major focus at the outset but is gaining traction through litigation in several countries (e.g., Democracy Reporting International vs. ICS, Bits of Freedom vs. Meta).
• Gaps in regulatory coverage are being filled by user-led legal actions, civil society suits, and emerging (potential) class actions.  Quote (Paddy Leerson, 11:29):
   “Private enforcement...has become, I think, quite significant.”
• National governments are increasingly assertive, with localized regulations, new proposals around minors’ protections (notably Spain), and even direct action (e.g., France's raid on X’s offices). This sometimes creates tension with the Commission and raises questions over the sufficiency of the DSA framework.

5. Political Support and Geopolitical Tensions

[15:44 - 21:24]

• Popular support for the Commission’s DSA enforcement is high in countries like Poland, France, Italy, and Spain, according to recent polls.  Quote (Magdalena Yuzwiak, 16:25):
   “There is a big popular support, high popular support for the commission enforcing DSA.”
• National political maneuvering (e.g., Poland’s presidential veto) can complicate implementation, often driven by local concerns over censorship or political leverage.
• Calls to ban platforms like X, amplified by scandals involving generative AI and minors, test both regulatory patience and the limits of DSA’s enforcement powers; complete bans are viewed as a measure of last resort with significant legal and rights-based barriers.

6. US Political Pressure and Impacts on Researchers

[21:24 - 24:20]

• The US political response, especially the Republican-led House Judiciary Report, has weaponized the DSA debate, targeting researchers and civil society for alleged censorship, and even threatening with visa sanctions.  Quote (Paddy Leerson, 22:21):
   “US Congress is coming in with their own version of a free speech criticism, which is totally overstated and lacks any kind of nuance or any kind of good faith interpretation that's having the opposite of the intended effect.”
• This has produced a chilling effect: European researchers and advocates are now wary of criticizing the DSA, fearing their statements will be co-opted into US-driven propaganda narratives.
• Civil society faces more acute risks, such as public targeting and access challenges, than academic researchers currently do.

7. Evolving Research Landscape and Blind Spots

[24:20 - 29:01]

• Geopolitics and cross-border regulatory impacts are garnering increased attention, with dedicated panels at the current conference (e.g., the “Trump effect” vs. the “Brussels effect”).
• Blind spots remain, particularly around:
  • The study of large online porn platforms regulated by the DSA.
  • Marketplace dynamics under the DSA.
  • Research on gender-based violence and the intersection with platform regulation and fundamental rights.  Quote (John Albert, 25:49):
     “I was a bit surprised to see that there wasn't more research looking at the porn platforms...now that we have three very designated, very large online porn platforms, you would think that there's a lot to look at there.”  Quote (Magdalena Yuzwiak, 26:52):
     “Perhaps what is a blind spot is this research on gender-based violence...there is a lot to do in this field.”
• The way the Commission has prioritized certain risks (e.g., minors) over others (e.g., gender-based violence) influences the research agenda and leaves key areas underexplored.

8. Looking Forward

[29:01 - End]

• The DSA landscape is still in flux. The conference aims to spark conversation and fill research gaps, with Tech Policy Press partnering with the DSA Observatory to publish a series of thematic articles in the coming weeks.
• Final encouragement for continued research on the DSA and its broader impacts, with appreciation for the ongoing collaboration between academia, civil society, and media.

Notable Quotes

• “The field has definitely grown in a couple of years... now it's sort of a blue ocean.”
   —John Albert [03:29]
• “We already have some preliminary opinion about systemic risks in the context of infinite scrolls and TikTok, how it's addictive towards users, especially minors and the vulnerable users.”
   —Magdalena Yuzwiak [06:43]
• “There isn't a good definition of what compliance means in this context. And so auditors are erring sort of on the side of caution.”
   —John Albert [09:54]
• “Private enforcement...has become, I think, quite significant.”
   —Paddy Leerson [11:29]
• “There is a big popular support, high popular support for the commission enforcing DSA.”
   —Magdalena Yuzwiak [16:25]
• “US Congress is coming in with their own version of a free speech criticism, which is totally overstated and lacks any kind of nuance or any kind of good faith interpretation that's having the opposite of the intended effect.”
   —Paddy Leerson [22:21]
• “Perhaps what is a blind spot is this research on gender-based violence...there is a lot to do in this field.”
   —Magdalena Yuzwiak [26:52]

Timestamps for Key Segments

| Segment | Time | |-----------------------------------------|----------| | Conference context, research evolution | 00:44–05:51 | | Systemic risks and enforcement lessons | 05:51–10:56 | | Audits and compliance problems | 10:56–11:29 | | Private/national enforcement trends | 11:29–15:44 | | Popularity of DSA, political obstacles | 15:44–19:33 | | Platform bans, regulatory tensions | 19:33–21:24 | | US pressure, risks for researchers | 21:24–24:20 | | Geopolitical research, future panels | 24:20–25:31 | | Blind spots and future research needs | 25:49–29:01 | | Closing and partnership announcement | 29:01–End |

Tone and Additional Highlights

• The discussion maintains a thoughtful, critical, and at times urgent tone, reflecting the gravity and complexity of DSA implementation.
• Speakers consistently emphasize how lived experience and empirical evidence are now shaping debates that once were almost hypothetical.
• The episode concludes with optimism that ongoing research and collaboration will continue to illuminate both the possibilities and limits of Europe's most ambitious platform regulation effort to date.