Thoughts on the DSA: Challenges, Ideas and the Way Forward through International Human Rights Law

Revision of the Code has been extended to March 2022.54 On the 1st March 2022, in a drastic move and against the backdrop of the Russian invasion of Ukraine, the European Union adopted Regulation 2022/350 which suspended the broadcasting activities of Russian outlets “Russia Today’ and ‘Sputnik”.55 The justification of this measures is that Russia has entered into a 10 The Future of Free Speech |. [...] On the other hand, Nazi Germany prohibited the listening of enemy broadcasts, arresting Germans for listening to the BBC.57 11 The Future of Free Speech | Rebuilding the Bulwark of Liberty Thoughts on the DSA: Challenges, Ideas and the Way Forward through International Human Rights Law II. [...] The RPA understands that to assess the severity of the hatred and, therefore, determine whether the high threshold is met, potential issues to be considered are “the cruelty of what is said or of the harm advocated and the frequency, amount and extent of the communications”. [...] The RPA includes a six-part threshold test to be used when applying Article 20(2), which incorporates a consideration of the social and political context, the status of the speaker, the intent to incite the audience against a target group; the content and form of the speech; the extent of its dissemination and the likelihood of harm, including imminence.66 Further, any restrictions of freedom of e. [...] 80 To this end, we recommend that the following are taken into account: Coherently and substantially placing IHRL and particularly Article 19 and Article 20(2) of the International Covenant on Civil and Political Rights at the heart of provisions involving 18 The Future of Free Speech | Rebuilding the Bulwark of Liberty Thoughts on the DSA: Challenges, Ideas and the Way Forward through Internation.