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Research Article

The due diligence obligations of the Digital Services Act: a new take on tackling cyber-violence in the EU?

References

  • Allen, Asha. 2022. “An Intersectional Lens on Online Gender-Based Violence and the Digital Services Act.” VerfBlog.
  • Broussard, Meredith. 2018. Artificial (Un)Intelligence: How Computers Misunderstand the World. Cambridge, MA: MIT Press.
  • Buri, Ilaria, and Joris Van Hoboken. 2022. “The DSA Supervision and Enforcement Architecture.” DSA Observatory.
  • D’Ignazio, Catherine, and Lauren Klein. 2020. Data Feminism. Cambridge, MA: The MIT Press.
  • Data and Society Research Institute. 2016. Online Harassment, Digital Abuse, and Cyberstalking in America, New York.
  • Efroni, Zohar. 2021. “The Digital Services Act: Risk-Based Regulation of Online Platforms.” Internet Policy Review.
  • European Commission. 2020. Advisory Committee on Equal Opportunities for Women and Men.
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  • European Institute for Gender Equality. 2017. Cyber Violence Against Women and Girls.
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  • European Parliament. 2021. Combating Gender-Based Violence: Cyber violence. European Added Value Assessment.
  • Haimson, Oliver, and Anne Lauren Hoffman. 2016. “Constructing and Enforcing ‘Authentic’ Identity Online: Facebook, Real Names, and Non-normative Identities.” First Monday.
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  • Kelly, Liz. 1988. Surviving Sexual Violence. Cambridge: Polity Press.
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  • Massanari, Adrienne. 2015. “#Gamergate and The Fappening: How Reddit's Algorithm, Governance, and Culture Support Toxic Technocultures.” New Media & Society 19 (3): 329–346. https://doi.org/10.1177/1461444815608807
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  • Semenzin, Silvia, and Lucia Bainotti. 2020. “The Use of Telegram for Non-consensual Dissemination of Intimate Images”.
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Reference list

EU Law

  • Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended by Directive 2006/24/EC and Directive 2009/136/EC.
  • European Commission. 2023. Commission designates second set of Very Large Online Platforms under the Digital Services Act, 20 December 2023.
  • European Commission, Decision of 25.4.2023 designating Facebook as a very large online platform in accordance with Article 33(4) of Regulation (EU) 2022/2065 of the European Parliament and of the Council.
  • European Commission, Decision of 25.4.2023 designating Instagram as a very large online platform in accordance with Article 33(4) of Regulation (EU) 2022/2065 of the European Parliament and of the Council.
  • European Commission, Decision of 25.4.2023 designating Twitter as a very large online platform in accordance with Article 33(4) of Regulation (EU) 2022/2065 of the European Parliament and of the Council.
  • European Commission, Decision of 25.4.2023 designating YouTube as a very large online platform in accordance with Article 33(4) of Regulation (EU) 2022/2065 of the European Parliament and Council.
  • European Commission, Proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence, COM/2022/105 final.
  • Proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse, COM (2022) 209 final.
  • Proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse, 28 July 2022, COM/2022/209 final.
  • Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).

EU soft law

  • EDPB and EDPS. 2022. Joint Opinion 4/2022 on the Proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse, 28 July 2022.
  • EU Code of Conduct on Countering Illegal Hate Speech Online.

International treaties

  • Council of Europe, Convention on preventing and combating violence against women and domestic violence, CETS No. 210.

International soft law

  • Council of Europe, T-CY Working Group on cyberbullying and other forms of violence, Mapping Study on Cyberviolence, with recommendations adopted by the T-CY on 9 July 2018.
  • Organization For Security and Co-Operation In Europe. 2019. Understanding the role of gender in preventing and countering violent extremism and radicalization that lead to terrorism. Good practices for law enforcement. Vienna: OSCE.
  • Special Rapporteur on the Right to Privacy. 2019. Annex 2: The Human Right to Privacy: a Gender Perspective. Geneva: Human Rights Council, (A/HRC/40/63).
  • Ipsos Mori. 2017. Online Abuse and Harassment.
  • United Nations. 2011. Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework, Resolution 17/4 of 16 June 2011.

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