1.5 Legal and Regulatory Frameworks
New technological advances in recent decades have transformed the operation and structure of the democratic public sphere, particularly within the context of disinformation and propaganda campaigns that aim to manipulate public opinion. Considering these threats, there have been international and national legislative and self-regulatory initiatives happening in the EU. This section will explore legislation aiming to combat misinformation in general and social media in particular, including their place and assumed responsibility in the legal order. Indeed, social media platforms as well as social networks cannot be supervised with the same instruments as the centrally organised traditional mass media.
This control vacuum has allowed rapid innovations in line with the business model and interests of such platforms. While the ubiquitous content can be hardly controlled, the architecture of this communication, namely the algorithms and data flow, should.
Before we embark on the specificities of the new regulations against misinformation, let’s understand the impact of disinformation, misinformation, and propaganda on human rights.
The impact of disinformation and propaganda on human rights is divided into two main categories:
(1) impact on data protection, privacy, human dignity, and autonomy. Personal data are the currency and the fuel that keep business and innovation moving. Data-driven business models seem to further expand on the supply of data ensured by the giant digital platforms, which experiment with the application of AI and machine learning based on the gigantic personal databases they control. Experimenting with the psychological reactions of masses of people should be regulated or ruled out, similar to biological experimenting.
(2) violation of the rights of freedom of expression and the right to seek and receive information. To have a lively and rational discourse, media freedom, individual freedom of expression and the right to receive information are equally needed. Today’s media environment gives individuals the chance to express their ideas at every possible instance – in this respect, the multitude of ideas is overwhelming. This overwhelming volume of information makes navigation and access to trustworthy information a hard task.
The most recent regulatory framework launched by the EU in 2024 is the Digital Services Act (DSA), whose main goal is to create a safer digital space where fundamental rights of all users are protected, and to establish a field to foster innovation, growth, and competitiveness. This is the most comprehensive set of regulatory frameworks done by governments to combat disinformation.
- Scope: The DSA applies to digital service providers, including social media platforms, online marketplaces, and other intermediaries that host user-generated content or facilitate online interactions.
- Obligations for online platforms: The DSA introduces new obligations for online platforms to address illegal content, such as hate speech, terrorist propaganda, and counterfeit goods. Platforms are required to implement measures to prevent, detect, and remove illegal content, as well as to provide transparency reports on their content moderation practices.
- Safety measures: Platforms must take proactive measures to protect users from harmful content, including age-appropriate settings, reporting mechanisms, and measures to combat online harassment and cyberbullying.
- Data protection and privacy: The DSA strengthens data protection and privacy rules for digital service providers, including requirements for user consent, transparency in data processing, and measures to prevent algorithmic discrimination.
- Market oversight: The DSA introduces new oversight mechanisms to monitor and enforce compliance with the regulations, including the establishment of a Digital Services Coordinator within each EU member state and the possibility of imposing fines for non-compliance.
- Code of practice on disinformation: The EU established a voluntary Code of Practice on Disinformation in 2018, which outlines commitments for online platforms to combat the spread of disinformation. Participating platforms, including social media companies, committed to measures such as improving transparency of political advertising, disrupting fake accounts, and providing users with tools to identify false information.
- EUvsDisinfo: The EUvsDisinfo initiative, operated by the European External Action Service’s East StratCom Task Force, monitors and exposes disinformation campaigns targeting the EU and its member states. It provides regular reports on disinformation trends, identifies false narratives, and debunks misinformation to raise public awareness.
- European democracy action plan: The European Democracy Action Plan, proposed by the European Commission in December 2020, includes measures to strengthen the EU’s resilience against disinformation. It aims to enhance transparency of online political advertising, support fact-checking organizations, and promote media literacy and critical thinking skills among citizens.
- Audiovisual media services directive (AVMSD): The AVMSD regulates audiovisual media services in the EU, including online platforms hosting videos and live streams. Amendments to the directive in 2018 introduced provisions to combat hate speech and protect minors from harmful content, which are relevant to addressing disinformation.
- Data protection and privacy regulations: Regulations such as the General Data Protection Regulation (GDPR) and the ePrivacy Directive establish rules for data protection and privacy in the EU. These regulations contribute to combating disinformation by safeguarding user data against misuse for targeting or amplifying false information.
What is the Digital Services Act (DSA)?
- Scope: The DSA applies to digital service providers, including social media platforms, online marketplaces, and other intermediaries that host user-generated content or facilitate online interactions.
- Obligations for online platforms: The DSA introduces new obligations for online platforms to address illegal content, such as hate speech, terrorist propaganda, and counterfeit goods. Platforms are required to implement measures to prevent, detect, and remove illegal content, as well as to provide transparency reports on their content moderation practices.
- Safety measures: Platforms must take proactive measures to protect users from harmful content, including age-appropriate settings, reporting mechanisms, and measures to combat online harassment and cyberbullying.
- Data protection and privacy: The DSA strengthens data protection and privacy rules for digital service providers, including requirements for user consent, transparency in data processing, and measures to prevent algorithmic discrimination.
- Market oversight: The DSA introduces new oversight mechanisms to monitor and enforce compliance with the regulations, including the establishment of a Digital Services Coordinator within each EU member state and the possibility of imposing fines for non-compliance.
Other regulatory frameworks set forth by the EU include:
- Code of practice on disinformation: The EU established a voluntary Code of Practice on Disinformation in 2018, which outlines commitments for online platforms to combat the spread of disinformation. Participating platforms, including social media companies, committed to measures such as improving transparency of political advertising, disrupting fake accounts, and providing users with tools to identify false information.
- EUvsDisinfo: The EUvsDisinfo initiative, operated by the European External Action Service's East StratCom Task Force, monitors and exposes disinformation campaigns targeting the EU and its member states. It provides regular reports on disinformation trends, identifies false narratives, and debunks misinformation to raise public awareness.
- European democracy action plan: The European Democracy Action Plan, proposed by the European Commission in December 2020, includes measures to strengthen the EU's resilience against disinformation. It aims to enhance transparency of online political advertising, support fact-checking organizations, and promote media literacy and critical thinking skills among citizens.
- Audiovisual media services directive (AVMSD): The AVMSD regulates audiovisual media services in the EU, including online platforms hosting videos and live streams. Amendments to the directive in 2018 introduced provisions to combat hate speech and protect minors from harmful content, which are relevant to addressing disinformation.
- Data protection and privacy regulations: Regulations such as the General Data Protection Regulation (GDPR) and the ePrivacy Directive establish rules for data protection and privacy in the EU. These regulations contribute to combating disinformation by safeguarding user data against misuse for targeting or amplifying false information.
Given the borderless nature of the internet, international cooperation is essential for effectively addressing the spread of misinformation and disinformation. Multilateral agreements and collaborations enable countries to share best practices, coordinate enforcement efforts, and hold bad actors accountable across jurisdictions. One such action is the The Rapid Alert System (RAS), an important element of the EU’s overall approach to tackling disinformation and is one of the four pillars of the Action Plan against Disinformation endorsed by the European Council in December 2018. Check the infographic below to find out more:
By understanding and implementing these legal and regulatory frameworks, policymakers, media organisation, technology companies, and individuals can work together to mitigate the harmful effects of misinformation, disinformation, and fake news, thereby fostering a more informed and resilient society.
Check out the video to better understand the Digital Services Act of the EU.
