Self-regulation 2:0? A critical reflection of the European fight against disinformation

Abstract

In presenting the European Democracy Action Plan (EDAP) in 2020, the European Commission pledged to build more resilient democracies across the EU. As part of this plan, the Commission announced intensified measures to combat disinformation, both through the incoming Digital Services Act (DSA) and specific measures to address sponsored content online. Ostensibly, these reforms would end the era of haphazard self-regulation that has characterized the EU response to disinformation. However, purported changes in this area are vaguely framed, and fail to address critical issues such as the regulation of harmful but lawful content. While instruments like the DSA show signs of improvement, shortcomings in this evolving framework represent a continuation of the EU's piecemeal approach to disinformation.