A group of 24 MEPs led by Tom Vandendriessche (PfE) has submitted a written parliamentary question to the European Commission, challenging the voluntary nature of the EU's codes of conduct on disinformation and hate speech. The MEPs argue that internal company emails released to the US House Judiciary Committee show platforms perceived participation as 'effectively mandatory', raising concerns about regulatory overreach and its impact on free speech.
The question, filed on 8 April 2026 under reference E-001432/2026, cites evidence that major platforms felt compelled to join the Code of Practice on Disinformation and the Code of Conduct on Hate Speech under pressure from the Commission, especially with the Digital Services Act (DSA) looming. The MEPs claim that non-participation was seen as exposing companies to heightened enforcement risks and potential DSA fines of up to 6% of global turnover.
Concrete asks and policy direction The question contains three specific demands. First, it asks the Commission to reconcile its public stance that the codes are voluntary with the disclosed internal perceptions. Second, it queries whether the threat of future binding legislation and severe fines creates a 'chilling effect' on lawful political speech, particularly on sensitive topics like migration, COVID-19, and gender ideology, incentivising platforms to over-remove controversial but legal content. Third, it calls for the publication of all Commission guidance, instructions, and meeting readouts related to the codes, to allow scrutiny of whether the Commission remained within content-neutral regulation or effectively dictated editorial lines.
The MEPs' initiative reflects a broader cleavage between those advocating for stronger EU regulatory powers to combat disinformation and those prioritising platform freedom and national sovereignty. The signatories, predominantly from the Patriots for Europe (PfE) group, with support from ESN, ECR, and NI members, represent a coalition sceptical of EU-level content moderation.
Expected follow-up The Commission is required to respond within approximately six weeks. Its answer will signal whether it defends the codes as purely voluntary or acknowledges a more coercive dynamic, and may indicate future policy direction on platform regulation and transparency.
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