§3.2.3 Fundamental rights

COMMUNICATION FROM THE COMMISSION Commission Guidelines for providers of Very Large Online Platforms and Very Large Online Search Engines on the mitigation of systemic risks for electoral processes pursuant to Article 35(3) of Regulation (EU) 2022/2065 · European Union

33. Risk mitigation measures, taken in line with Article 35 of Regulation (EU) 2022/2065, should be taken with due regard for the protection of fundamental rights enshrined in the Charter of Fundamental Rights of the European Union, in particular the right to freedom of expression and of information, including media freedom and pluralism. In line with Recital 47 of that Regulation, providers of VLOPs and VLOSEs should pay due regard to relevant international human rights standards such as the United Nations Guiding Principles on Business and Human Rights (UNGPs). Relevant independent reports (29) may also be considered when designing and enforcing mitigation measures. 34. When mitigating systemic risks for electoral integrity, the Commission recommends that due regard is also given to the impact of measures to tackle illegal content such as public incitement to violence and hatred to the extent that such illegal content may inhibit or silence voices in the democratic debate, in particular those representing vulnerable groups or minorities. For example, forms of racism, or gendered disinformation and gender-based violence online including in the context of violent extremist or terrorist ideology or FIMI targeting the LGBTIQ+ community (30) can undermine open, democratic dialogue and debate, and further increase social division and polarization. In this respect, the Code of conduct on countering illegal hate speech online can be used as inspiration when considering appropriate action. 35. In addition to the involvement of relevant actors during the risk assessment, as referred to in recital 90 of Regulation (EU) 2022/2065, the Commission recommends that providers of VLOPs and VLOSEs make available the fundamental rights impact assessments performed as part of the risk assessments, to civil society organisations, in particular civil society organisations consulted in this process as soon as they are concluded, i.e. possibly earlier than required under Article 42(4) of that Regulation. This could provide a space for constructive open dialogue on possible good practices and potential improvements.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07