Under the shadow of the European Union’s Digital Services Act censorship regime, Europeans already face fines, raids, and arrests for their social media posts, but starting July 1, the Code of Conduct on Disinformation has the force of law. The once-voluntary “code,” a 56-page document that spells out censorship strategies, is now an enforceable “benchmark” that the EU can use to measure tech companies’ censorship regimes.
The Code requires large online platforms to meet “tougher transparency and auditing obligations aimed at stamping out disinformation,” according to Tech Policy Press. Previously, the Code operated as a “self-regulatory framework” for tech companies before the EU “endorsed” its “integration” into the DSA.
The DSA “regulates online intermediaries and platforms” to police so-called “disinformation.” Under the law, which went into full effect last year, tech companies like Google, Meta, Microsoft, and X are required to undergo independent audits that “assess” their management of “disinformation risks,” Tech Policy Press reported. The Code commitments will act as “benchmarks” for these assessments, where applicable.
In April of 2023, the EU designated 19 large tech companies required to comply with the DSA. All of these companies serve more than 45 million monthly users in the EU, and 14 of them are U.S.-based, Alliance Defending Freedom Senior Counsel Jeremy Tedesco told The Federalist. As of June, the Commission is still “supervising” these tech companies under the DSA.
“The EU is trying to impose its draconian, very restrictive free speech regime on the world,” Tedesco said in an interview.
Full adherence to the Code is now a “marker of DSA compliance” for companies, according to Tech Policy Press. “While signing on [to the Code] remains optional,” “failing to adhere to its commitments may now trigger investigations or fines.”
Hellbound and Down 