Keyword: Digital Services Act (DSA)

This paper examines the evolution and implications of ‘must-carry’ obligations in the regulation of online platforms, with a focus on Europe. These obligations, which restrict platforms’ discretion to remove or deprioritise certain content, represent a novel regulatory response to the growing power of platforms in shaping public discourse. The analysis traces developments at EU and national levels. At the EU level, it considers rejected must-carry proposals during the drafting of the Digital Services Act (DSA) and the adoption of Article 18 of the European Media Freedom Act (EMFA), which grants privileges to recognised media service providers. At the national level, it examines Germany’s prohibition on content discrimination, the UK’s Online Safety Act, and Poland’s abandoned legislative proposal on freedom of expression online. Case law from courts in the Netherlands, Germany, Italy, and Poland further illustrates the emergence of judicially crafted duties resembling must-carry obligations. The paper argues that these measures are best understood as special treatment rules that privilege particular speakers, notably media organisations and politicians, by limiting platform autonomy in content moderation. While intended to safeguard pluralism and access to trustworthy information, such rules risk creating a two-tier system of expression in which established voices receive disproportionate protection while ordinary users remain vulnerable. Protections for politicians raise concerns about shielding powerful actors from justified moderation, whereas media privileges, though more defensible, remain limited in scope and potentially counterproductive, especially when exploited by outlets disseminating disinformation. The conclusion is that compelled inclusion and preferential treatment are unlikely to offer sustainable solutions to the structural imbalances between platforms, media providers, and politicians. More durable approaches should focus on strengthening journalism through financial and structural support, fostering innovation and local media, and prioritising user empowerment measures. Only systemic safeguards of this kind can effectively promote pluralism, accountability, and resilience in the digital public sphere.