EU Tackles Disinformation: Integrating the Code of Practice into the Digital Services Act
The European Commission has formally integrated its voluntary Code of Practice on Disinformation into the Digital Services Act (DSA), marking a significant shift in the EU’s approach to combating online disinformation. This move, effective July 1st, elevates the Code from a voluntary commitment to a key benchmark for platform compliance under the DSA, particularly for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs). The integration aims to provide a more concrete framework for platforms to identify and mitigate systemic risks related to the spread of disinformation, using the Code’s detailed guidance and key performance indicators (KPIs). This move is seen by some as crucial for holding tech platforms accountable, especially given the DSA’s lack of specific definition for “systemic risk.”
From Voluntary Commitment to Regulatory Benchmark: A Shift in Approach
Experts see the Code’s integration as a positive step, providing much-needed clarity on what constitutes effective disinformation mitigation. The Code outlines specific measures platforms can implement, offering a more structured approach than the DSA alone. It also emphasizes a focus on mitigating platform-driven risks rather than mandating content removal, addressing concerns around free expression. However, the Code’s effectiveness hinges on its implementation and enforcement. While platforms not signing the Code are still required to demonstrate equivalent measures for DSA compliance, the recent withdrawals of several major tech companies, including X (formerly Twitter), Google, and Microsoft, raise serious doubts about the Code’s long-term viability and its ability to achieve its stated objectives.
Challenges and Concerns: Rollbacks, Audits, and Bureaucracy
Despite the potential benefits, the Code faces significant challenges. Several platforms have rolled back their commitments, particularly regarding fact-checking and political advertising transparency. This raises concerns about the Code’s ability to curb disinformation effectively. Furthermore, the DSA’s framework for compliance assessment, relying heavily on platform-commissioned audits, presents potential loopholes. The lack of standardized benchmarks and the absence of clear Commission guidance on audit quality raise doubts about the objectivity and thoroughness of these assessments. The asymmetry of resources between platforms and civil society, tasked with monitoring platform compliance without adequate funding, also poses a significant obstacle.
Transatlantic Tensions and the Future of EU Tech Regulation
The EU’s assertive stance on tech regulation has created transatlantic tensions, with the US closely watching the implementation of the DSA. The Code’s integration comes at a time of increasing US-EU friction over digital policy, raising questions about whether political pressure will undermine the EU’s resolve. Experts are concerned that US tech companies may leverage the new US administration to resist transparency and responsibility measures. The recent withdrawal of Meta from fact-checking partnerships in the US, impacting countries relying on the Code, highlights this concern.
The Need for Robust Enforcement and Stakeholder Collaboration
Experts emphasize that the Code’s success hinges on robust enforcement by the European Commission, including rigorous monitoring of platform compliance and effective sanctions for violations. Transparent and independent audits, conducted by experts with deep understanding of disinformation and platform systems, are crucial. Addressing the asymmetry of resources between platforms and civil society, through funding and capacity-building initiatives, is also essential. Furthermore, continued collaboration between stakeholders, including platforms, researchers, civil society, and policymakers, is vital to adapt the Code to evolving disinformation tactics and ensure its long-term effectiveness.
The Path Forward: Enforcement, Transparency, and Transatlantic Dialogue
The integration of the Code into the DSA is a significant step, but it is only the beginning. The EU must prioritize robust enforcement, transparent audits, and ongoing stakeholder engagement to ensure the Code’s effectiveness. Furthermore, fostering a constructive dialogue with the US is crucial to address transatlantic tensions and promote a global approach to tackling online disinformation. The EU’s resolve to uphold its regulatory commitments will be tested in the coming months and years, and the success of the Code will be a key indicator of its ability to navigate the complex landscape of online platform governance.
