The European Union’s Fight against Online Disinformation: Can Safeguarding Fundamental Rights Harm Fundamental Rights?

This chapter explores the delicate balance between the need to combat online disinformation and the safeguarding of fundamental rights, particularly media freedom and pluralism, as essential elements of freedom of expression and democracy. The chapter outlines the evolution of the EU’s policies and regulations related to information integrity and discusses the key elements and challenges of the EU’s approach to addressing disinformation in the context of media pluralism. Focusing on the Code of Practice on Disinformation, the Digital Services Act, and the European Media Freedom Act, the chapter discusses their complex interplay and overarching strategy, which delegates the critical task of assessing systemic risks and fundamental rights – including media freedom and pluralism – to very large online platforms.