On 23 February, CDT filed its response to the European Commission’s Consultation on Tackling ‘Fake News’. In our comments we make a number of observations. First, we point out that there is no consensus on a definition of the concept of fake news, which the consultation document acknowledges. Second, there is a need to gather credible evidence about what material exists fitting the description, and any impact it may have. Third, one essential piece is missing from the Commission’s consultation document: the acknowledgement that the ‘fake news’ issue is now top of the political agenda due to the Russian regime’s deliberate, sustained and increasingly well-documented strategy to interfere with the 2016 U.S. elections. Finally, the questionnaire seeks input on what civil society should do to meet the challenges discussed in the consultation.