Emergency law and disinformation: an analysis of Article 36 of the EU Digital Services Act

Abstract

This paper examines how the Digital Services Act (DSA) of the European Union regulates the specific profile of crisis response by social networks, as defined by Article 36 of the DSA and Whereas 91. It focuses on the mechanisms through which social networks, in emergency situations, must curb the proliferation of disinformation that risks polluting information flows. In this context, the paper traces the historical path that led to the drafting of the DSA, marking a shift in regulatory approach compared to the past and proposing a more unilateral and robust regulation. 

Keywords:

Disinformation, fake news, emergency, crisis, European Union, Digital Services Act.