The strengthened 2022 code of practice on disinformation : continuities and innovations in EU digital regulation

Abstract

This article examines the evolution of the European Union's regulatory framework addressing digital disinformation, tracing the trajectory from early safe-harbor models of intermediary liability to the structured, risk-based co-regulation established under the Digital Services Act (DSA). From the vantage point of EU IT law, the central difficulty lies in balancing fundamental rights with the urgent need to mitigate the severe societal harms caused by informational distortions. To contextualise the legal design, the analysis establishes a conceptual taxonomy distinguishing between unintentional misinformation, intentional disinformation, and coordinated influence operations. These distinctions do not serve mere academic dogma; they bear directly on legal design and the calibration of proportionate regulatory interventions.

The paper analyses how the Strengthened 2022 Code of Practice on Disinformation translates the DSA's open-textured systemic-risk obligations into actionable commitments for Very Large Online Platforms (VLOPS) and Search Engines (VLOSES).