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Bjorn Lundqvist, Stockholm University Faculty of Law, has published Between Free Press and Fake News: Reimagining Platform Responsibility Under the DSA and the New Code of Conduct on Disinformation in the Age of AI. Here is the abstract.

This paper examines the regulation of social platform content under the EU’s Digital Services Act (DSA), comparing the regulatory framework for digital platforms with self-regulation systems governing traditional news and mass media. While platforms and traditional media differ – platforms rely on user-generated content and algorithmic curation rather than editorial creation – they increasingly compete for the same advertising revenue under vastly different regulatory regimes. The DSA and the new official 2025 Code of Conduct on Disinformation impose obligations on “very large platforms” to conduct risk assessments, moderate illegal content, and mitigate systemic risks to fundamental rights and democratic processes. Yet, the paper critically evaluates the 2025 Code of Conduct on Disinformation, arguing it remains inadequate compared to the ethical frameworks governing traditional journalism. The Code focuses on ex post moderation rather than establishing positive editorial principles of objectivity, balance, and truthfulness. The author’s central thesis is that technological advances in AI and algorithmic moderation now make it feasible for platforms to assume greater editorial responsibility similar to traditional media. Platforms should develop comprehensive ethical guidelines ensuring algorithms, AI and LLMs provide benevolent, balanced information rather than prioritizing engagement-driven content that promotes disinformation. This would create a level playing field, while better protecting democratic values, with similar immunity provisions reformed to incentivize effective ex ante content moderation aligned with principles of human dignity and non-manipulation.

Download the article from SSRN at the link.