The European Commission has endorsed the integration of the ‘Code of Practice on Disinformation’ into the framework of the Digital Services Act (“DSA”), meaning that the Code will help inform whether organisations have complied with the DSA when it comes to addressing risks relating to disinformation.

The Code was initially published in 2018 (we commented upon it here) and followed growing concerns about the spread of fake news on various online platforms. Drafted as a voluntary and self-regulatory measure, signatories of the Code committed to, among other things, disrupt the advertising revenues of accounts and websites that spread disinformation, make political advertising more transparent, and empower customers to report disinformation.

In 2022, the Code was strengthened considerably, and it is this iteration that the Commission has endorsed. The Code addresses the following areas:

1. Scrutiny of Ad Placements

Under the new Code, signatories commit to defund the dissemination of disinformation and improve their policies and systems which determine what content is eligible to be monetised. Similarly, those signatories that use advertising commit to prevent the misuse of advertising systems to disseminate disinformation, and to work with others in the ‘online monetisation value chain’ to increase the effectiveness of ad placements on their services.

2. Political Advertising

The Code sets out a common definition of “political and issue advertising” and requires signatories to commit to “apply a consistent approach across political and issue advertising on their services and to clearly indicate in their advertising policies the extent to which such advertising is permitted or prohibited on their services”. Political and issue advertisements must also be clearly labelled and flagged as paid-for content, and signatories are expected to research, monitor, and report on the use of online political advertising (and the associated risks associated with disinformation in this area).

3. Integrity of Services

Signatories commit to adopt a number of measures to “limit impermissible manipulative behaviours and practices across their services”. This includes, for example, tackling the use of fake accounts, the proliferation of deep fakes, and the purchasing of fake engagements. Those that develop or operate AI systems that disseminate AI-generated and manipulative content are also expected to consider the transparency obligations and manipulative practices listed in the EU AI Act.

4. Empowering Users

The Code includes commitments that signatories will “strengthen their efforts in the area of media literacy and critical thinking, also with the aim to include vulnerable groups”. This includes, for example, providing users with tools to assess the factual accuracy of information, as well as including warning labels from authoritative sources. The Code also requires signatories to minimise the risks of viral propagation of disinformation by adopting safe design practices, in addition to setting out in clear terms the main parameters that their recommender systems employ.

5. Empowering the Research Community

The Code contains various pledges that signatories make to empower and encourage research into disinformation on their platforms. This includes setting up frameworks for the research community to gain access to data on their platforms in order to undertake ‘good faith’ research on disinformation.

6. Empowering the Fact-Checking Community

Just as the Code contains commitments to provide access to the research community in order to tackle disinformation, it also contains similar provisions in relation to the fact-checking community. Signatories commit to “setting up concrete steps, with clear targets and timelines, to extend their cooperation with fact-checkers to ensure the consistent application of fact-checking in their services”, and to provide access to information that will improve the quality and impact of fact-checking.

7. Transparency Centre

Signatories commit to setting up a publicly available ‘Transparency Centre’ website which contains all the relevant information related to the implementation of the Code.

8. Permanent Task Force

The Code introduces a permanent Task Force, chaired by the European Commission, aimed at “evolving and adapting the Code”, and in which the signatories commit to participate.

9. Monitoring of the Code

Finally, the signatories commit to “dedicate adequate financial and human resources and put in place appropriate internal processes to ensure the implementation of their commitments under the Code”, and to publish regular reports that monitor their compliance.

The full Code can be read here.

To read more about the Commission’s intention to integrate the Code into the framework of the Digital Services Act, click here.