Malicious semi-compliance as the platform approach to EU regulation
Argues big tech feigns compliance with the DSA while sidestepping its intent through 'malicious semi-compliance.'
Executive summary
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This EU DisinfoLab report examines how large platforms, particularly Meta and Google, create the appearance of compliance with the Digital Services Act while resisting its underlying intent, a pattern the authors term "malicious semi-compliance." The analysis is structured around case studies comparing what DSA rules require, what platforms actually implemented, and the resulting consequences.
Examples cited include Instagram's non-profiling feed option on Android, which requires navigating multiple menus and reverts to a personalized feed each time the app reopens; a 2024 Meta risk assessment that failed to flag a design feature later ruled non-compliant by a Dutch court; European Commission findings that Facebook and Instagram impose unnecessary extra steps for reporting illegal content such as child sexual abuse material; and Google's removal of its pre-existing EU political ad archive following new transparency obligations.
The report concludes that enforcement remains achievable but demands substantial civil society resources, that misclassifying illegal content as mere terms-of-service violations obscures true moderation statistics, and that DSA enforcement must ensure compliance costs exceed those of non-compliance.
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