The UK Online Safety Act, the EU Digital Services Act and online disinformation: is the right to political participation adequately protected?

Abstract

Online disinformation is a constant on social media platforms, particularly flourishing in times of elections. While sometimes harmless, it can lead to very serious human rights violations, including the right to political participation. The recent Online Safety Act in the United Kingdom and the EU Digital Services Act promise to make the online space safe by addressing harmful online content. This article explores the extent to which the OSA and DSA protect the right to political participation when addressing online disinformation. By comparing the two instruments, the article argues that they fall short in effectively protecting the two main components of Article 25 ICCPR, the right to vote and the right to stand for election, when threatened by online disinformation. In particular, it shows that the existing provisions are often vague and general with excessive deference to online platforms, urging strong enforcement and a more prominent role for regulators.