Twitter’s retreat from the Code of Practice on Disinformation raises a crucial question: are DSA codes of conduct really voluntary?

Research report

Website/link: https://dsa-observatory.eu/2023/06/12/twitters-retreat-from-the-code-of-practice-on-disinformation-raises-a-crucial-question-are-dsa-codes-of-conduct-really-voluntary/

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Published date: July 12, 2023

Author: Carl Vander Maelen & Rachel Griffin

Region: Europe,Global

Subject tag: Advertising | Algorithmic systems | Child safety | Data Access | Disinformation and misinformation | Government transparency | Privacy and data protection | Terrorism and violent extremism

With the recently-approved Digital Services Act (DSA) due to be fully applicable from early 2024, it raises a crucial and sensitive legal question that is also relevant for other major social media platforms in the evolving regulatory landscape. Complying with codes of conduct is meant to be a voluntary good practice by platform companies – yet refusing to comply can also attract legal consequences. This ambiguity raises a crucial question: Are codes of conduct under the DSA really de jure voluntary if there seems to be a de facto obligation to follow them?