EU to introduce stricter rules for ChatGPT, Roblox and Reddit

Brussels – The scope of the European Union’s rules on digital services is being extended to include ChatGPT, Reddit and Roblox. In short, EU oversight will be tighter. The European Commission has designated ChatGPT as a “very large online search engine” (VLOSE) and Reddit and Roblox as “very large online platforms” (VLOP) under the Digital Services Act (DSA) – the rules governing online services used by European citizens in their daily lives. The designation was made because these services have declared that they have reached at least 45 million average monthly users in the EU, exceeding the threshold set by the DSA. “These new designations mean that ChatGPT, Reddit and Roblox will now be held to a higher standard of scrutiny and accountability in the European Union, in line with their large impact on our citizens and society,” said today (31 August) the Executive Vice-President for Technological Sovereignty, Security and Democracy, Henna Virkkunen. 

Following designation, the services will have four months to comply with the additional DSA obligations for VLOSEs and VLOPs. These include the assessment and mitigation of systemic risks stemming from their service and algorithmic systems “related to the dissemination of illegal content, the negative effects on minors, users’ physical and mental well-being, fundamental rights, electoral processes and public security.” The Commission will also acquire investigative powers to assess the underlying functionality of these services and, where relevant, any related systems. In addition to monitoring compliance with the DSA for ChatGPT and Reddit, the Commission will collaborate with the Coimisiún na Meán – which means ‘Media Commission’ in Irish and is the independent authority for the regulation and development of the media and online safety in Ireland – and with the Authority for Consumers and Markets (ACM) for Roblox. These bodies act as digital services coordinators for Ireland and the Netherlands respectively, where the three services are based. 

ChatGPT is an artificial intelligence (AI) system capable of interacting with and responding to users’ requests and questions, including by conducting web searches. The Commission defines it as “a hybrid service” as it qualifies as an online search engine under the DSA. Reddit is a discussion-based platform that enables users to create, share, and interact with content within topic-based communities. Similarly, Roblox is an immersive gaming and creation platform that enables users to create, publish, and play games.  As all three enable the dissemination of “third-party” content to the public, they fall within the scope of the DSA. 

Roblox, Reddit and ChatGPT are already subject to the general obligations applicable to online platforms and search engines under the DSA. But now, with the “large-scale” designation, a further step is being taken toward oversight and safeguards for users. Oversight and enforcement of the DSA are shared between the Commission and the digital services coordinators, who are responsible for enforcing and overseeing the DSA in the Member States. To date, the Commission has designated 28 very large online platforms and search engines. But the work continues: “We continue to watch the digital landscape closely and will not hesitate to designate any platform that meets the threshold for enhanced supervision under the Digital Services Act,” Virkunnen concluded.