Mitigating Systemic Risks and Freedom of Expression According to the Digital Services Act Model
DOI:
https://doi.org/10.63593/LE.2788-7049.2026.03.006Keywords:
Digital Service Act, disinformation, freedom of expression, CFREU, European Union Law, systemic risks, VLOPs, VLOPEs, proportionality principle, online platforms, regulatory functionsAbstract
The present paper aims to investigate the co-regulatory model of Regulation 2022/2065 for mitigating systemic risks arising from disinformation. The ultimate goal, according to the European legislator, is to respect the freedom of expression of users of online platform services and search engines in the context of VLOPs and VLOPEs. We are interested in the compatibility of the regulatory model and the principle of legality enshrined in the Charter of the Fundamental Rights of the European Union (CFREU), as well as the related risks and limitations of the regulation itself to mitigate systemic risks that do not conform to the principle of proportionality. Doubts, problems and criticisms remain numerous and certainly warrant thorough consideration of the suitability of co-regulation and the discipline and activity that entails the full moderation of content originating from online users.
