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These are the first ever guidelines under Article 35 of the DSA and aim to present Very Large Online Platforms and Search Engines with best practices and possible measures to mitigate systemic risks on their platforms that may threaten the integrity of democratic electoral processes.
The draft guidelines provide examples of potential mitigation measures relating to election-related risks, specific mitigation measures linked to Generative AI content, the planning of risk mitigation measures before or after an electoral event and specific guidance for the European Parliament elections.
Margrethe Vestager, Executive Vice-President for a Europe Fit for the Digital Age, said:
In 2024, we have elections at local, regional, national, and European levels. For this to go well we need have to public discussions – and a lot of those are happening online. With the Digital Services Act, we have concrete tools to work together with online platforms. We can address the emerging online risks to electoral processes, like deep fakes. So we can enable people, in a safe way, to engage, discuss and make up their minds without illegal interference.
Thierry Breton, Commissioner for Internal Market, said:
With the Digital Services Act, Europe is the first continent with a law to address systemic risks on online platforms that can have real-world negative effects on our democratic societies. 2024 is a significant year for elections. That is why we are making full use of all the tools offered by the DSA to ensure platforms comply with their obligations and are not misused to manipulate our elections, while safeguarding freedom of expression.
Under Article 35 of the DSA the Commission, together with the Digital Services Coordinators of the Member States, may issue guidelines in relation to specific risks, to present best practices and recommend possible mitigation measures. The exploratory consultation is open for feedback until 7 March 2024.
The draft guidelines build on an election integrity readiness dialogue, carried out by the Commission with several of the first 19 designated platforms for which the DSA provisions apply since end-August 2023. They also take into account, to the extent relevant for DSA compliance, of other relevant legislative and non-legislative initiatives such as the Regulation on transparency of political advertising, the AI Act, the strengthened Code of Practice on Disinformation and the Commission's recommendation to promote free, fair and resilient elections.