‘Legal limbo’ risking disinformation on online platforms in the run-up to the European elections

29.2.2024

Question for written answer  E-000672/2024
to the Commission
Rule 138
Paul Tang (S&D)

With the European Media Freedom Act (EMFA) approved by the Committee of the Permanent Representatives of the Governments of the Member States to the European Union and pending a plenary vote in March 2024, a legal limbo may arise at a critical moment. With the European elections in June 2024 approaching rapidly, it is pivotal that the Commission clarifies this issue in order to stop and avoid the dissemination of disinformation on online platforms and protect the elections.

• 1.Can the Commission indicate whether online platforms should believe media service providers that publish disinformation when they make the assertions listed in Article 17(1) of the trilogue agreement on the EMFA and leave any disinformation they post online for up to 24 hours, or whether platforms should wait until the entry into application of the EMFA before allowing the media exemption to take place?
• 2.Can the Commission clarify how it will interpret the media exemption in the light of its recently adopted strengthened Code of Practice on Disinformation?
• 3.As the EMFA may require platforms to knowingly leave disinformation online in certain circumstances, what impact does the Commission foresee for the Digital Services Act, including the Digital Services Act guidelines for election integrity and the strengthened Code of Practice on Disinformation?

Submitted:29.2.2024