Now Google too: After X and Meta, no fact-checking – Will the EU accept Community Notes as an alternative? – Image: Xpert.Digital
Google's retreat: Fact-checking and the EU in the fight against disinformation
Google refuses to integrate fact checks
The European Union is facing a significant setback in its fight against online disinformation. Google has informed the European Commission that it will not integrate fact-checking mechanisms directly into its search results and YouTube videos. This decision, announced by the company in mid-January 2025, contrasts sharply with the EU's efforts to curb the spread of false information. In a letter to the relevant European Union bodies, Kent Walker, Google's President of Global Affairs, argued that implementing such fact-checking for the company's services would be neither appropriate nor effective.
In a letter to the EU Commission dated January 16, 2025, Kent Walker, Google's President of Global Affairs, stated that integrating fact-checking was "simply not appropriate or effective for our services".
A trend among technology companies
This move by Google follows a trend already emerging at other major technology companies. Just days before Google's announcement, Meta, the parent company of Facebook and Instagram, announced the discontinuation of its fact-checking program in the United States. These developments cast a shadow over the future of cooperation between the tech giants and the European Union in the fight against disinformation.
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Impact on EU regulatory strategy
Google's decision is particularly significant in light of the 2022 "Code of Practice on Combating Disinformation" and the Digital Services Act (DSA). The European Commission had hoped to transform the voluntary commitments set out in the Code – including the integration of fact-checking – into legally binding requirements within the framework of the DSA. Now, the EU faces the challenge of readjusting its strategy.
The situation is further complicated by the perceived increase in pressure from large technology companies on European regulators. Observers see a connection here with the looming prospect of Donald Trump's second term as US president, which may signal a shift in the US stance towards regulating technology companies.
Origin of the code of conduct and Google's reasoning
The EU Code of Practice on combating disinformation, introduced in 2022, was based on the voluntary commitment of technology companies to take certain measures. This explicitly included integrating fact-checking into search results and ranking algorithms to make reliable information more accessible to users and to give less prominence to misinformation. The Digital Services Act (DSA) was intended to transform these voluntary commitments into a binding regulatory framework to ensure enforcement and establish a unified approach to dealing with disinformation.
Google justifies its reluctance by stating that directly integrating fact-checking into its services is not the right approach. Kent Walker explained in his letter to the European Commission that such an approach is "simply not appropriate or effective for our services." Instead, Google points to its existing content moderation mechanisms. One example is the ability for users to add contextual information and annotations to YouTube videos. Google argues that these measures are sufficient to combat the spread of misinformation. Critics, however, point out that these user-generated comments often come too late, are not always reliable, and do not have the same impact as official labeling by independent fact-checkers.
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Consequences for combating disinformation
Google's decision has far-reaching implications and is eliciting diverse reactions. The announcement that it is withdrawing from planned fact-checking commitments even before the code is transformed into a legally binding DSA code of conduct sends a clear signal. Meta's move to discontinue its fact-checking program in the US reinforces concerns that a general trend is emerging in which large platforms seek to evade their responsibility to combat disinformation. The European Commission now faces the difficult task of rethinking its strategy for combating disinformation and finding alternative ways to curb the spread of false information online.
Google's refusal could have various consequences. One possible response from the EU would be legal action against the company should it persistently refuse to comply with the DSA's requirements. The DSA stipulates substantial financial penalties for violations, which can amount to up to 6% of a company's global annual revenue. Such a dispute would not only have financial repercussions but could also further exacerbate political tensions between the EU and US technology companies, particularly in the context of the upcoming US presidential election and the associated political uncertainties.
Long-term challenges and potential changes
Looking ahead, this means the European Commission faces a crucial decision. It must assess how to respond to Google's refusal to comply and whether the Data Security Agreement (DSA) needs to be amended or strengthened to ensure compliance by large technology companies. These developments could have far-reaching implications for the future regulation of online platforms in Europe and fundamentally alter how disinformation is combated in the digital sphere. It's about more than just fact-checking; it's about balancing the freedom of innovation for technology companies with protecting citizens from harmful misinformation in an increasingly digital world. The coming months will reveal how the EU responds to this challenge and what new approaches it takes to combat disinformation.
EU response and possible consequences
The European Commission has not yet signaled any official acceptance of Community Notes as an alternative to fact-checking. On the contrary, the EU has already warned Meta against discontinuing its fact-checking program within the EU. Thomas Regnier, spokesperson for the Commission for Digital Affairs, referred to EU law, which stipulates that platforms must reduce systemic risks such as disinformation.
The EU could impose fines of up to 6% of a company's global annual revenue for violations of the Digital Services Act (DSA). This could have significant financial consequences for Google.
Challenges for the EU
The EU now faces the challenge of rethinking its disinformation strategy. Although the DSA does not prescribe specific moderation tools, the methods chosen by the platforms must effectively prevent the spread of harmful content.
It remains to be seen how the EU will react to Google's refusal and whether it will amend or tighten the Data Security Agreement (DSA) to ensure compliance by large technology companies. This development could have far-reaching implications for the future regulation of online platforms and the fight against disinformation in Europe.
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