In a bid to fortify the integrity of elections in the digital sphere, the European Commission has unveiled comprehensive guidelines directed at Very Large Online Platforms and Search Engines. These guidelines are designed to address systemic risks online that could compromise the fairness and transparency of electoral processes, with a particular focus on the upcoming European Parliament elections slated for June 2024. Formulated under the Digital Services Act (DSA), these guidelines mandate platforms with over 45 million active users in the EU to adopt measures aimed at mitigating risks associated with electoral processes while upholding fundamental rights such as freedom of expression.
The guidelines propose a multifaceted approach to risk mitigation, encompassing various stages before, during, and after elections. Key recommendations include strengthening internal processes by establishing dedicated teams to monitor risks and leveraging local context analysis to enhance mitigation strategies. Platforms are also urged to tailor risk mitigation efforts to suit each election period and local context, encompassing initiatives such as promoting official election information, enhancing media literacy, and adjusting recommender systems to reduce the virality of threats. Additionally, platforms are encouraged to address specific AI risks, particularly deepfakes, by clearly labeling AI-generated content, updating terms of service, and enforcing regulations for content moderation.
Collaboration with EU and national authorities, experts, and civil society is emphasized to facilitate information sharing and coordinate efforts to combat disinformation, foreign interference, and cybersecurity threats. Incident response mechanisms are recommended during elections to promptly address incidents that could significantly impact results or voter turnout. Post-election reviews are also advocated to evaluate the effectiveness of implemented measures, with non-confidential versions made available for public feedback.
Tailored for the 2024 EU elections due to their cross-border nature, the guidelines underscore the importance of platforms allocating sufficient resources and adopting risk mitigation strategies proportionate to identified risks. Close collaboration with the European Digital Media Observatory task force is encouraged to enhance effectiveness. These guidelines were developed following a public consultation in February 2024, which garnered 89 responses, and extensive dialogues with Digital Services Coordinators. Third-party scrutiny and research are welcomed to ensure the efficacy of implemented measures while upholding individual rights.
Platforms failing to adhere to these guidelines must demonstrate to the Commission that their alternative measures are equally effective in mitigating risks. The Commission retains the authority to request additional information or initiate formal proceedings under the DSA if doubts persist regarding the suitability of measures.
To put these guidelines into practice, the Commission plans to conduct a “stress test” exercise with stakeholders by the end of April, aimed at refining established instruments and cooperative mechanisms to effectively safeguard election integrity.
Safeguarding election integrity remains a primary enforcement priority under the DSA for the numerous EU elections scheduled in 2024. Since the initial application of the DSA to designated Very Large Platforms in August 2023, the Commission has closely monitored their compliance through “election integrity readiness dialogues” preceding national elections. These guidelines build upon existing frameworks, including the Code of Practice on Disinformation, the Political Ads Transparency Regulation, and the Electoral Processes Recommendation, consolidating efforts to ensure transparent, effective, and rights-respecting mitigation measures, particularly crucial for the upcoming cross-border European elections in 2024.
If you’re wondering how these guidelines, or any other AI regulations and laws worldwide could impact you and your business, don’t hesitate to reach out to BABL AI. Their Audit Experts can address your concerns and questions while offering valuable insights.