SOCIAL MEDIA ALGORITHMS AND FREE SPEECH: BALANCING RIGHTS UNDER THE DSA AND GDPR

Abstract

This article examines the intricate relationship between social media algorithms, free speech, and data protection within the European Union‘s Digital Services Act (DSA) and General Data Protection Regulation (GDPR). Focusing on pertinent provisions of Articles 12, 26, 27, 34, and 40 of the DSA, and Articles 5, 15, 17, 22, and 35 of the GDPR, the analysis delves into the challenges of algorithmic transparency, content moderation, and automated decision-making. The DSA mandates platforms to disclose content moderation policies and algorithmic processes, aiming to enhance accountability. However, this requirement raises concerns about revealing proprietary information and the potential for over-censorship, thereby impacting free expression. Conversely, the GDPR‘s restrictions on automated decision-making and data processing present obstacles for platforms that rely on personalization algorithms, potentially affecting user experience and innovation. The GDPR and DSA set global standards for digital governance, influencing how global tech companies (like Meta, X/Twitter, YouTube, and Tik-Tok) manage user data and content. This is because these companies operate in Nigeria, their policies shaped by the DSA and GDPR affect Nigerian users — from how content is moderated to how personal data is handled. This study employs a doctrinal legal research methodology, reviewing legal texts, policy papers, case law, and scholarly articles to propose a balanced approach. Recommendations include adopting contextspecific regulations, enhancing transparency without compromising trade secrets, and empowering users through informed consent and control over personal data. Such measures are essential to harmonize the protection of free speech and privacy in the evolving digital landscape.