Reimagining Digital Governance: The EU's Digital Service Act and the Fight Against Disinformation

Abstract

The Digital Service Act (DSA) of the European Union marks a pivotal departure from the e-Commerce Directive's traditional limited liability and self-regulation paradigms, offering a redefined landscape for platform governance. This article critically evaluates the DSA's proactive approach to content moderation and its implications for fact-checking its efficacy in mitigating the proliferation of disinformation. Although the DSA explicitly refrains from imposing a general monitoring obligation upon platforms, it invests significantly in transparency mechanisms during content moderation processes to restore confidence in the digital information environment. The DSA introduces and underscores a comprehensive strategy, centring around risk assessments, mitigation measures, and the instrumental role of trusted flaggers and fact-checkers. This multi-pronged approach seeks to preserve the integrity of the information ecosystem by addressing challenges such as misinformation during critical events, thereby creating a safer, more accountable digital society.

Keywords: disinformation, law, regulation, platform, platform regulation, Digital Services Act, trusted flaggers, risk assessment, risk regulation, risk