Legal advocacy group ADF International has published an open letter calling for a rethink of the European Union’s Digital Services Act (DSA).
The proposed bill has been severely criticised for the threat it poses to free speech online, not only within the EU, but even across the world.
In its open letter, ADF argued that the DSA goes far beyond dealing with legitimate concerns about child exploitation and terrorist related material. Instead, the bill represents a “race to the bottom” due to the fact that online content would be deemed “illegal” if it contravened not just EU law, but the law of any member state.
Effectively whichever EU member state had the most restrictive laws would set the template for the whole bloc.
Furthermore, legal precedent suggests that such restrictions could in fact end up being enforced globally, ADF suggested.
"The DSA introduces sweeping mechanisms that empower both institutions and private actors to flag content they believe to be 'illegal—a term broadly defined as any content not compliant with EU or national laws. This creates a situation in which speech lawful at the time of publication could be retroactively flagged and penalised under shifting legal standards across 27 member states," the letter reads.
"Let us be clear: there is a broad consensus that certain forms of expression—such as child exploitation or incitement to terrorism—must be prohibited. However, the DSA goes far beyond these narrow and universally agreed limits.
"Instead, it constructs a pan-European censorship infrastructure with loosely defined boundaries and the potential to suppress legitimate democratic discourse."
The US House Judiciary Committee has previously said in a letter to European Commissioner Henna Virkkunen: “Though nominally applicable to only EU speech, the DSA, as written, may limit or restrict Americans’ constitutionally protected speech in the United States.
"Companies that censor an insufficient amount of ‘misleading or deceptive’ speech—as defined by EU bureaucrats—face fines up to six percent of global revenue, which would amount to billions of dollars for many American companies.
“Furthermore, because many social media platforms generally maintain one set of content moderation policies that they apply globally, restrictive censorship laws like the DSA may set de facto global censorship standards.”
ADF called upon the EU to engage in consultation with experts in freedom of expression, constitutional law and digital rights and to examine whether the DSA would be compatible with fundamental human rights. Additionally the group called upon the EU to disclose which NGOs and other groups were involved in reviewing the DSA.
The open letter, which has been signed by over 2,000 people, concluded, “The European Union has long prided itself on being a beacon of democracy, human rights, and the rule of law. But rights safeguarded in charters and treaties must also be protected in regulation and practice.
"Only through an honest and critical assessment can the EU ensure that its digital policies remain aligned with the very human rights principles it seeks to defend.”
