Source: European Parliament
Under the Digital Services Act (DSA)[1] providers of very large online platforms (VLOPs) and very large online search engines (VLOSEs) are required to assess the risks to which their service gives rise in relation to civic discourse, electoral processes and public security, and to put in place measures to mitigate such risks, while protecting the fundamental rights of their users and of persons affected by their services, in particular the right to freedom of expression under the EU Charter of Fundamental rights[2].
The DSA does not prescribe fact-checking as a measure mitigating such risks. Rather, providers of VLOPs and VLOSEs are required to put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified, which may include fact-checking.
Adherence to the Code of Conduct on Disinformation (the Code)[3], may constitute an appropriate risk mitigation measure in relation to the risk of disinformation.
The Code is a set of voluntary commitments to which providers of online platforms may adhere to address the risks that arise from the dissemination of disinformation online.
Adherence to a code of conduct does not in itself presume compliance with the DSA. The effectiveness of specific mitigation measures needs to be assessed on a case-by-case basis.
The Commission also provides substantial support to initiatives involving civil society organisations such as the European Digital Media Observatory[4].
The Commission is continuously monitoring the compliance of VLOPs and VLOSEs with the DSA and can open proceedings, should this be necessary.