Is the Digital Services Act A Way Forward for New Zealand?

Social media has become a vital part of disseminating information and politics as a whole in democracies across the world. However, this has come with its share of challenges in balancing how to mitigate the potential harms caused by this technology, without compromising the freedoms of its users. This work intends to examine New Zealand’s current legislative authority in regulating and enforcing legal mechanisms on ‘outside’ tech companies operating digital platforms and evaluate these policies in comparison to the European Union’s Digital Services Service Act (DSA). It supplies a comprehensive, critical evaluation into the scope, context and structure of both the DSA and New Zealand’s legal framework and how the laws interact with the responsibilities of tech companies, their users, and citizens. This critical assessment delves into key issues faced by New Zealand and the European Union in relation to tech companies operating digital platforms including, but not limited to platform accountability, algorithmic transparency, data handling, content moderation, and imposing enforcement measures. This work employs a comparative legal analysis to reveal insight into policy implications, gaps in existing laws, and possible areas of improvement for New Zealand’s current legal structure. It also incorporates elements of interpretive and descriptive analysis to provide a more enriching picture of the scope and intent of both countries’ authority. After carefully reviewing New Zealand’s current legislation and authority, it becomes apparent that New Zealand’s current policy framework is comparatively ineffective and utilizes far less extensive measures in regulating tech companies than those administered by the DSA. Operationally, both the European Union and New Zealand face obstacles in upholding their commitments while regulating tech companies, however, it seems the best method for regulation of digital platforms comes in the form of international cooperation and policy cohesion.