EU’s New Digital Services Act BANS Free Speech Online

The European Union’s Digital Services Act aims to combat online hate speech, but critics warn it may compromise free expression.

At a Glance

  • EU formalizes Big Tech efforts to counter online hate speech under the Digital Services Act
  • Major platforms commit to establishing ‘Monitoring Reporters’ to review hate speech notices
  • Companies must review two-thirds of hate speech notices within 24 hours
  • Critics argue the approach institutionalizes censorship and undermines free speech
  • Platforms face severe penalties for non-compliance with EU regulations

EU’s New Approach to Online Content Moderation

The European Commission has taken a significant step in regulating online content by formalizing efforts to counter illegal hate speech within the framework of the Digital Services Act (DSA). This move builds upon the Code of Conduct first drafted in 2016, which has been signed by major platforms including Facebook, Instagram, TikTok, and YouTube.

Under the new rules, signatories commit to establishing a network of ‘Monitoring Reporters’ tasked with monitoring and reviewing hate speech notices. These companies are now required to review at least two-thirds of hate speech notices from these reporters within 24 hours, a move aimed at swiftly addressing potentially harmful content.

The Commission’s formal recognition of these efforts aims to strengthen how online platforms handle content defined as illegal hate speech by EU and national laws.

“The integrated Code of conduct will facilitate compliance with and effective enforcement of the DSA when it comes to risks of dissemination of illegal content on their services,” the Commission said.

To ensure compliance, platforms’ adherence to the Code will be audited annually. The Commission has also initiated probes into the DSA compliance of platforms like X, TikTok, and Meta’s Facebook and Instagram, signaling a robust approach to enforcement.

Balancing Act: Safety vs. Free Speech

While the EU emphasizes the need for cooperation to ensure a safe digital space and protect democracy, the new regulations have sparked a debate about the balance between content moderation and free speech. Critics argue that the EU’s approach institutionalizes censorship and potentially undermines free expression.

Meta CEO Mark Zuckerberg has been vocal in his criticism of the EU’s approach, characterizing it as a form of censorship. In the United States, Meta has taken a different stance, replacing fact-checkers with a community notes system to emphasize what it calls the “roots of free expression.”

The implementation of the DSA places significant responsibilities on Big Tech companies. Signatories, which include LinkedIn, Microsoft, Snapchat, and Twitch, must now provide country-level data on so-called hate speech classifications. This increased transparency is aimed at facilitating more effective monitoring and enforcement.

For users, these changes could mean a more regulated online environment, with potentially quicker responses to reports of hate speech. However, concerns remain about the potential for overreach and the impact on legitimate forms of expression.

The UK must be thanking its lucky stars right now that it already left the EU…