CDSL's Afroditi Papathanasopoulou published a new paper on "From professional fact-checkers to the crowd: can Meta’s Community Notes survive the Digital Services Act (DSA)?" in the Information & Communications Technology Law journal.
Abstract: As platforms increasingly shape online dialogue, their role in ensuring access to reliable information poses challenges to free speech and media freedom. The spread of disinformation, algorithm-driven content, and declining trust in institutions have forced platforms to adopt moderation tools, often in partnership with professional fact-checkers. Meta’s decision to replace fact-checkers with the crowdsourced tool ‘Community Notes’ raises significant legal and normative concerns under the EU’s DSA. This paper critically examines whether Community Notes qualifies as a lawful and effective alternative under Articles 34–35 of the DSA, which require major platforms to assess and mitigate systemic risks through proportionate, risk-specific measures. It compares the transparency and ethical grounding of professional fact-checking with the opacity of crowdsourced moderation. The paper argues that Meta must show how Community Notes fits within its risk assessments, reporting obligations and demonstrate it reduces disinformation without compromising legal safeguards, journalistic standards, or access to credible information.