EU Disinformation Code & DSA: A New Benchmark?

Navigating EU Disinformation Regulations: A Shift for Platforms

Platforms aiming to comply with the European Union’s regulations concerning the complex issue of disinformation will find the path somewhat clearer through adherence to the bloc’s established Code of Practice on Disinformation. This refers to the voluntary Code from which Elon Musk withdrew X (previously known as Twitter) in 2023.

The Digital Services Act and Systemic Risk Mitigation

The EU’s Digital Services Act (DSA) necessitates that major platforms implement measures to lessen systemic risks related to disinformation. A key consideration is defining the specific actions required.

The Code offers a framework for addressing this, obligating those who sign up to actions like reducing financial benefits for those spreading false information. It also emphasizes maintaining service integrity – specifically, eliminating bots and fraudulent accounts – and bolstering fact-checking initiatives.

Formal Integration and Regulatory Endorsements

On Thursday, the European Commission and other DSA regulators progressed towards formally incorporating the Code into the DSA’s legally enforceable structure. Official endorsements of this integration were issued.

Concerns Regarding Platform Commitment

While X has demonstrably opposed the EU’s approach to online regulation, other developments are also causing concern. Meta, for instance, has recently discontinued its commitment to fact-checking.

Despite this, Meta remains listed as a signatory to the Code, a situation that appears incongruous.

Implementation Timeline and Auditing

The transition of the Code to align with the DSA will commence on July 1, 2025. From this date, the Commission has stated that these commitments will be subject to audit.

Therefore, a significant confrontation regarding disinformation is unlikely in the immediate future. However, this could change if the EU accelerates its ongoing DSA investigation into X, which began in December 2023.