The Digital Services Act: transparency as an efficient tool to curb the spread of disinformation on online platforms?

Abstract

The Digital Services Act (DSA), which aims at the creation of a safer online environment in Europe, addresses the lack of transparency in content moderation by online platforms. Therefore, the DSA imposes several new due diligence obligations. This article explores the implications of these transparency obligations on the spread of disinformation, in particular on the Very Large Online Platforms (VLOPs) that will be subject to additional scrutiny. The article highlights the potential benefits of the new regulatory framework that enables the access transparency of vetted researchers to platforms’ data, empowers users by reducing information asymmetry and mitigates certain risks. However, questions remain regarding the information overload for the regulators and the effectiveness of the future DSA enforcement. In view of the possible enforcement issues, the article proposes to go further, for example by adding a general principle of transparency (beyond the list of due diligences obligations) and by strengthening the co-regulatory and multistakeholder model of regulation (beyond what the DSA helpfully provides).