‘Making Europe Fit for the Digital Age?’

This analysis examines the European Union’s regulatory framework addressing online disinformation, focusing on the Digital Services Act (DSA) and its alignment with Article 10 of the European Convention on Human Rights (ECHR). Initially, the paper outlines the evolution of EU measures against disinformation, transitioning from non-binding initiatives to the legally binding DSA, which adopts a hybrid model of regulated self-regulation for Very Large Online Platforms (VLOPs). Through an analysis of Article 10 ECHR, particularly its scope of protection and the possibility of limiting protection, the research assesses the DSA’s conformity with human rights standards. The study highlights how the DSA’s broad definitions potentially encompass both disinformation and misinformation, raising concerns about overreach and the ambiguous boundaries between harmful content and protected expression. Case law from the European Court of Human Rights (ECtHR) is analysed to evaluate specific instances, such as Holocaust denial, illustrating the exclusion of certain disinformation forms from protected speech. The conclusion suggests that while the DSA aims to balance mitigating disinformation risks with safeguarding fundamental rights, its definitional ambiguities and scope may challenge its compliance with Article 10 ECHR, necessitating further clarification and alignment with established human rights jurisprudence.