The multi-actor system of fundamental rights protection under EU platform regulation

Content moderation practices of online platforms are underpinned by a complex interplay between public and private power. This interplay raises important questions concerning the division of responsibility for safeguarding fundamental rights, particularly freedom of expression, among various actors involved in online content governance. This article examines the role of the CJEU in shaping an elaborate multi-actor system for the protection of fundamental rights within the context of EU platform regulation. It establishes that in the absence of comprehensive EU legislation on content moderation, the CJEU offered crucial reflections on the existence, scope and content of obligations which may be incumbent upon the EU, the Member States and online platforms under the EU Charter of Fundamental Rights. The CJEU's case law has therefore laid essential groundwork for the rules set out in the Digital Services Act (DSA), which has codified and expanded on the Court's key findings. At the same time, the article shows how the DSA's rules challenge the core tenets of the framework crafted by the CJEU. This underscores the need to refine the principles for distributing responsibility for securing the protection of fundamental rights, which must be rooted in a more comprehensive understanding of the intricate relationships between public and private actors in the digital environment.