International legislation designed to create a safe online environment could instead severely hamper free speech if it should pass, European politicians argued at a May 21 conference at the European Parliament in Brussels, Belgium.
The Alliance Defending Freedom (ADF) International co-hosted the conference, “The Digital Services Act and Threats to Freedom of Expression,” with Members of Parliament Stephen Bartulica (from Croatia) and Virginie Joron (from France), ADF reported. Other Parliament members, journalists, and think tank participants also attended.
Earlier this month, the U.S. State Department’s Bureau of Democracy, Human Rights, & Labour had expressed concern that the Digital Services Act (DSA) could lead to censorship and limited freedom of speech.
The legislation, according to ADF, incentivizes tech companies from around the world to censor certain types of speech, at the risk of massive financial penalties for not complying with the regulations.
Joron echoed the department’s concern, noting that although the DSA was meant to create a safe online environment, it could end up undermining basic freedoms.
“What was sold as the Digital Services Act is increasingly functioning as a Digital Surveillance Act,” she said. “The European Commission, alongside some parliamentarians, has seized upon the DSA as a political tool to control speech, particularly targeting platforms like X, Facebook, and Telegram. The DSA was meant to protect our digital space, not to control it.”
Bartulica stated in his speech that the DSA is aimed at addressing “hate speech,” which he said is both legally impossible to define and could even include excerpts from the Scriptures.
“We don’t have to reinvent the wheel — we’ve seen where mass censorship leads,” he said. “Under communism and other totalitarian regimes, it’s not a pretty picture.”
Päivi Räsänen, a member of Finland’s parliament, will soon face her country’s Supreme Court for a social media post she made six years ago that included a verse from the Bible, Paul Coleman, the executive director of ADF International, noted in a speech at the conference.
“Six years ago, Päivi posted a picture of a Bible verse and expressed her Christian views on sexuality on X. She was criminally prosecuted for alleged ‘hate speech’ and has been unanimously acquitted in two trials,” Coleman stated. “But the state prosecutor has appealed the case again.”
He stated that under the DSA, others could face similar legal repercussions for expressing their opinions all throughout the European Union.
Coleman then explained how politicians and members of parliament can resist the DSA. Article 11 of the EU Charter, Article 10 of the European Convention on Human Rights, and Article 19 of the International Covenant on Civil and Political Rights guarantee the right to freedom of speech.
“Member states could initiate an action for annulment before the Court of Justice of the European Union. Through this, the whole or parts of the DSA could be declared inapplicable, if they are deemed to infringe on the EU Charter or Treaties,” he explained.
He added that in the upcoming DSA review, which will take place by mid-November, members of Parliament must raise concern about how DSA could lead to censorship.
“This could be accomplished through written or oral questions to the European Commission and even by inviting Commissioner Henna Virkkunen to discuss the legislation in the European Parliament,” he added. “After all, if the Commissioner is as in favour of freedom of expression as she claims to be, why would she refuse?”
Coleman concluded by rallying politicians to protect the rights of European citizens.
“As elected representatives of your people, you are also in an excellent position to bring the public’s attention to the grave risks to free speech posed by the DSA,” he stated. “The truth is that every single European’s rights are jeopardised by this legislation. The more the public is aware of and speaks out about this, the more pressure the Commission will feel. And the more likely we are to defeat this law.”
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