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Virkkunen defends voluntary nature of EU disinformation and hate speech codes against claims of de facto mandatory enforcement

Digital Policy, Technology & Innovation · Digital & Communication · parliamentary_answers · 2026-06-15

Executive Vice-President Henna Virkkunen, in a written answer on 15 June 2026, defended the voluntary nature of the EU's codes of conduct on disinformation and hate speech, rejecting claims that they are effectively mandatory. The answer responds to a parliamentary question from 23 MEPs, led by Tom Vandendriessche (PfE), who cited internal company emails suggesting platforms perceived participation as compulsory under threat of future Digital Services Act (DSA) sanctions. Virkkunen stressed that the codes are voluntary instruments under Article 45 of the DSA, developed by stakeholders, and that non-compliance with commitments is not sanctionable as such. However, she noted that adherence to a code may be considered an appropriate risk mitigation measure supporting DSA compliance, while participation alone does not presume compliance. The Commission assesses compliance of very large online platforms on a case-by-case basis. Virkkunen pointed to transparency measures, including publication of enforcement decisions and meetings with interest representatives. The answer provides no new concrete proposals or commitments, instead reiterating existing legal frameworks and procedural safeguards. The exchange highlights a cleavage between MEPs who view the codes as a backdoor to regulate political speech and the Commission's position that they enhance transparency and freedom of expression. No immediate institutional follow-up is expected beyond ongoing DSA enforcement.

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