Big-Tech-Lobbying: Do it first, then better not be regulated

The European Union is gearing up to introduce the Digital Fairness Act (DFA) to combat manipulative design elements prevalent in online platforms. This proposed legislation aims to address concerns surrounding automatically playing content, personalized advertising, and gamification techniques that subtly influence user behavior. The initiative stems from findings that these practices can create addictive engagement and steer users towards specific actions, potentially undermining their autonomy. The DFA builds upon existing frameworks like the Digital Services Act (DSA), which has already prompted the EU Commission to demand significant design changes from platforms such as TikTok. While the DSA provides an initial basis for restricting such manipulative practices, the upcoming DFA is intended to close existing regulatory gaps. The EU Commission plans to unveil the first draft of this new law in the fourth quarter, signaling a continued commitment to a more user-centric digital environment. However, the path towards enacting the DFA is met with considerable opposition from major technology firms. A report by Corporate Europe Observatory highlights extensive lobbying efforts by US Big Tech companies, including Meta and Google, to influence the legislation. These companies are reportedly engaging in a disproportionate number of discussions with EU Commission members, far exceeding the engagement with supportive non-governmental organizations, indicating a strategic push to shape the future of digital regulation in their favor.