Countering “Lawful but Awful” Disinformation Online: EU-Regulations Targeting Disinformation on Major Social Media Platforms

Abstract

This article examines the European Union’s regulatory framework for addressing disinformation, with particular focus on the Digital Services Act (DSA) and the responsibilities of Very Large Online Platforms (VLOPs) and so-called ‘lawful but awful’
disinformation – harmful yet legal content. The study highlights how the EU avoids content censorship by emphasising systemic risk assessment and mitigation. Notably, disinformation is rarely defined with precision yet is framed as especially problematic when linked to democratic processes, political advertising or crises.

A key finding is the Commission’s reliance on soft law to steer platform behaviour. By pushing for soft law instruments the EU can expand some normative influence without crossing into formal content regulation. While VLOPs face substantial responsibilities, the enforcement of these measures remains uncertain. These frameworks reflect a shift toward platform governance through risk-based regulation and soft law, with the Commission increasingly shaping the moderation of harmful online content without legislating censorship.