The seminar aims at fostering scientific debate on the European Strengthened Code of Practice on Disinformation. In particular, the discussion will focus on the strengths and weaknesses of self- and co-regulatory mechanisms to tackle disinformation online, the nature of the Code of Practice as a source of law, the connections of the Code with the DSA, and the governance options proposed by the European strategy for tackling disinformation, taking also into account the eventual consequences for the citizens’ fundamental rights.
The seminar is co-organised with:
Background
On 16 June 2022, the Strengthened Code of Practice on Disinformation was signed and published by the European Commission. In addition to online platforms and representatives of the advertising industry, the 34 signatories include fact-checkers, civil society, research organisations and companies offering services to identify disinformation.
Following the 2021 Guidance on Strengthening the Code of Practice on Disinformation, the new Code aims at improving the earlier version of this instrument aiming at tackling disinformation within the EU, which was signed in 2018. The Code of Practice of 2018 was a relevant step in defining an EU policy against disinformation, as its signatories have committed to obligations that currently are not required from them by law. However, its impact was limited.
Problems could be traced back first of all to the fact that the Code did not provide detailed practical guidance for its signatories; the terms used in the commitments could be either misinterpreted, or they may provide grounds for online platforms to selectively comply with their obligations; moreover, the Code relied on self-reporting, and statements of platforms cannot always be verified; finally, a lack of oversight and monitoring on compliance could be underlined.
To overcome some of the weaknesses of the earlier Code, the 2022 Code of Practice puts a greater emphasis on key performance indicators (called qualitative reporting elements and service level indicators) and monitoring mechanisms. The Code can be seen as part of the strategies eventually leading to the practices that will be prescribed by the Digital Services Act (DSA) to online platforms and to very large online platforms in particular. As mentioned in the Preamble of the 2022 CoP, “Actions under the Code will complement and be aligned with regulatory requirements and overall objectives in the Digital Services Act (DSA) once it enters into force.
The DSA will set out a co-regulatory framework, including through voluntary Codes of Conduct or other co-regulatory measures, aimed at addressing systemic risks by the Very Large Online Platforms, including those linked to Disinformation. (i) This Code of Practice aims to become a Code of Conduct under Article 35 of the DSA, after entry into force, regarding Very Large Online Platforms that sign up to its Commitments and Measures. (ii) As indicated in the Guidance, Very Large Online Platforms need to take robust measures to identify (risk assessment) and address (risk mitigation) the relevant systemic risks under the proposed DSA. Therefore, signing up to all Commitments relevant and pertinent to their services should be considered as a possible risk mitigation measure under article 27 of the DSA”.
Against this background, this event aims at discussing the strengths and weaknesses of self- and co-regulatory mechanisms to tackle disinformation online, the nature of the Code of Practice as a source of law, the connections of the Code with the DSA, the governance options proposed by the European strategy for tackling disinformation, taking also into account the eventual consequences for the citizens’ fundamental rights.
Scientific organisers
Elda Brogi | European University Institute
Andrea Simoncini | University of Florence
Programme
11.00 – 11.10 Introduction
Elda Brogi | European University Institute
11.10 – 11.25 Keynote speech
Oreste Pollicino | Bocconi University
11.25 – 11.40 Keynote speech
Giovanni De Gregorio | University of Oxford
11.40 – 13.00 Open roundtable on the Code of Practice on Disinformation as a legal source with speakers and participants
Chair and conclusions
Andrea Simoncini | University of Florence
Confirmed list of participants:
Konrad Bleyer- Simon, European University Institute
Roberta Carlini, European University Institute
Filippo Donati, Universitá degli Studi di Firenze
Eirk Longo, Universitá degli Studi di Firenze
Marta Maroni, University of Helsinki
Iva Nenadic, European University Institute
Stefano Pietropaoli, Universitá degli Studi di Firenze
Benedetto Ponti, Università degli Studi di Perugia
Maria Luisa Stasi, ARTICLE 19
Matteo Trevisan, European University Institute
Sofia Verza, European University Institute