Musk sets sights on EU online censorship law after Australian free speech win

  • X owner endorses repeal of EU’s Digital Services Act (DSA)
  • On Tuesday, X and Canadian campaigner Chris ‘Billboard Chris’ Elston were successful in striking down an Australian government order from the country’s eSafety Commissioner, that censored Elston’s X post. The legal challenge was coordinated by ADF International and the Human Rights Law Alliance
  • Recent investigative report by the US House Judiciary Committee called out international censorship, including from Australia’s eSafety Commissioner and DSA

BRUSSELS (3 July 2025) – Elon Musk has set his sights on an EU online censorship law, following his free speech win in Australia earlier this week.

The tech billionaire said “Yes” in response to an X post from ADF International, a Christian legal advocacy organisation that defends free speech, which said: “Today, the EU takes a significant step toward strengthening online censorship, transforming the ‘Code of Conduct on Disinformation’ into a mandatory part of the Digital Services Act.

“The DSA threatens free speech across the world and must be repealed.”

On Tuesday, an Australian tribunal upheld a challenge from X and Canadian campaigner Chris ‘Billboard Chris’ Elston, striking down a government order that censored Elston’s X post. The legal challenge was coordinated by ADF International and the Human Rights Law Alliance of Australia.

Elston’s February 2024 X post referred to controversial WHO “expert” appointee Teddy Cook by her biologically accurate pronouns. The post was deemed “cyber abuse” by Australia’s eSafety Commissioner, which ordered X to remove the content, under the country’s Online Safety Act.

Following a week-long hearing commencing March 31, 2025, the Administrative Review Tribunal in Melbourne ruled this week that the eSafety Commissioner made the wrong decision in determining Elston’s post was “cyber abuse” and set aside the decision. Read more about the win here.

Paul Coleman, an international lawyer specialising in free speech and ADF International’s Executive Director, said: “From the EU’s Digital Services Act to Australia’s Online Safety Act, laws restricting free speech online follow a similar censorial playbook across the world.

“Through legislation like these, we are today witnessing a coordinated global attack on free speech. Elon Musk is right to stand up to DSA censorship and use his platform to advocate for free speech online.

“Following our free speech win in Australia, ADF International we will continue to challenge online censorship in the digital marketplace of ideas.”

Code of Conduct on Disinformation

ADF International’s thread on X, which Musk re-posted with his comment, said: “Today [1 July], the EU takes a significant step toward strengthening online censorship, transforming the ‘Code of Conduct on Disinformation’ into a mandatory part of the Digital Services Act. The DSA threatens free speech across the world and must be repealed.

“The EU’s DSA has created one of the most dangerous censorship regimes of the digital age. It is an authoritarian framework that enables unelected bureaucrats to control online speech at scale—both in Europe and globally—under the guise of ‘safety’ and ‘protecting democracy’.

“The DSA is a legally binding regulatory framework that gives the European Commission authority to enforce ‘content moderation’ on very large online platforms and search engines with over 45 million users per month. Platforms that fail to comply face massive financial penalties and even suspension.

“It requires platforms to remove ‘illegal content,’ defined as anything not in compliance with EU or Member State law at any time, now or in the future. This creates the ‘lowest common denominator’ for censorship across the EU, effectively exporting the most restrictive laws to all Member States. The DSA’s approach to loose concepts such as ‘misinformation,’ ‘disinformation,’ ‘hate speech,’ and ‘information manipulation’ may lead to wide-sweeping removal of online content.”

US House Judiciary Committee report

An investigative report by the House Judiciary Committee recently exposed Australian eSafety Commissioner Julie Inman-Grant’s coordination with international bodies to censor lawful online speech.

In addition to the eSafety Commissioner, it also called out DSA censorship, saying: “In recent years, foreign governments have adopted legislation and created regulatory regimes in an effort to target and restrict various forms of online speech.

“Foreign regulators have even attempted to use their authority to restrict the content that American citizens can view online while in the United States. In particular, the European Commission (EC) and Australia’s eSafety Commissioner have taken steps to limit the types of content that Americans are able to access on social media platforms.”

The report went on to discuss the DSA and said: “Vague, overly burdensome regulations targeted at so-called ‘systemic risks’ create an environment in which platforms are more likely to remove or demote lawful content to avoid potential fines. The ability of European regulations to exert extraterritorial influence over American companies and consumers in this manner is often referred to as the ‘Brussels Effect.’”

Images for free use in print or online in relation to this story only. 

Pictured: Paul Coleman, Chris Elston with ADF International’s Lois McLatchie Miller, Chris Elston 

The Digital Services Act and Online Speech in Europe

Paul Coleman at EU Parliament

Given the wide array of anti-speech laws throughout EU countries, the DSA allows the worst laws in any individual country to restrict speech across the entire bloc

Picture of Paul Coleman
Paul Coleman

Executive Director, ADF International

We are living in an unprecedented time in Western history for freedom of expression. With the fall of the Soviet Union, some made the claim that the “End of History” had arrived.

An era in which free speech would flourish in a world of liberal democracies and free markets. But it’s now clear that such hopes were sadly misplaced, and European societies are moving in an alarming direction.

Free speech is again under threat on this continent in a way it hasn’t been since the nightmare of Europe’s authoritarian regimes just a few decades ago. The internet is the frontline in this assault on free speech in Europe, particularly through the Digital Services Act, which I will come to shortly.

How We Got Here

But how did we get here? How did we get from the “End of History” and liberal democracy’s promise of free speech for all to the censorship crisis we face today?
Two words that perhaps are not often mentioned favourably in this parliament go a long way in explaining the antecedents of the current effort to control online discourse: Brexit and Trump.

As the honorary Brit at this event, I hope you will forgive me for saying the “b-word”. But all jokes aside, those two democratic votes in 2016 sent shockwaves through the political and media establishment, who then scrambled to understand what went wrong at the ballot box, and how no one saw it coming.

And rather than examining whether perhaps some of their mistaken beliefs about reality, assumptions about the citizenry, or missteps in governance may have been responsible for these seismic votes, those in power decided to blame so-called “misinformation” instead.

In other words, the people were tricked. Hundreds of millions of citizens were so prone to manipulation and brainwashing that they stupidly, wrongly, and ignorantly voted the “wrong” way. And such wrong voting must never happen again if democracy is to be saved. Hence, with no sense of irony whatsoever, the claim that democracy must be saved through censorship took hold – here in Brussels and across the Western world.

The European establishment’s response to outcomes it did not foresee or desire was stark and immediate, as new draconian anti-speech laws came into effect. Let me outline a few: 

  • 2016: The EU Code of Conduct against “illegal online hate speech” was announced without any discussion or debate.
  • 2017: New national legislation such as the German Network Enforcement Act came into force.
  • 2018: The EU launched a world first with its Code of Practice on Disinformation – targeting online platforms.
  • 2019: The UN launched its Strategy and Plan of Action on Hate Speech.
  • 2020: Covid-related provisions censored free speech around the world.
  • 2021: The European Commission announced a plan to make so-called “hate speech” an EU-wide crime.
  • 2022: In came the Digital Services Act, with most of its provisions coming into force in February 2024.

"Severe" Threat to Online Speech

Year after year, the relentless drive towards more and more speech restrictions continues – and it’s almost always under the guise of banning so-called “hate speech” and “mis- and disinformation.” These deliberately vague and subjective terms are rarely, if ever, defined in the legislation that seeks to ban them. And I am convinced that the lack of any meaningful definition is a design feature, not a bug.

And that brings me to the DSA itself – what I consider to be the most severe threat yet to free speech online. So, what precisely is so worrisome about this regulation?
The DSA purports to create “a safe online environment” by requiring very large online platforms, such as X or Meta, to remove “illegal content”.

This sounds ok so far. But when we look closer, the problems become apparent.
What, after all, is “illegal content”? Surely a law that runs to over 100 pages would define such a pivotal term in the most precise language possible?

Sadly not.

Article 3(h) gives us the circular definition that “illegal content” is anything that is not in compliance with EU law or the law of any Member State, now or at any point in the future. In other words, the DSA writes a blank cheque for censorship.

Given the wide array of anti-speech laws throughout EU countries, the DSA allows the worst laws in any individual country to restrict speech across the entire bloc.
And what happens in such a scenario?

European Commission's Power Over Regulation

Under the Act, the European Commission can impose crippling fines of up to 6% of global annual turnover on platforms that refuse to censor content – which could amount to billions of Euros.

The Commission can also restrict access to a platform within the EU or suspend its operations, showing the massive power this Act gives them over private companies. Since companies are threatened with huge fines if they do not censor enough speech, and there is no penalty whatsoever for censoring too much speech, what do we think these companies will end up doing over time?

Moreover, individuals across the EU could have their speech limited under the most draconian “hate speech” laws in any individual EU country due to the act.
The case of Finnish parliamentarian Päivi Räsänen, one of ADF International’s clients, gives a harrowing example of what censorship under the DSA could look like in practice.

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. But the state prosecutor has appealed the case again. And shockingly, her case—in which she faces trial for posting online—is now pending before Finland’s Supreme Court.

Now, under the DSA, deeply problematic national laws restricting speech—like the “hate speech” legislation used to prosecute Päivi —could be broadly applied across the EU by this simple principle:

If it’s considered illegal in one place, it could be in every place. And I do mean every place.

The United States Weighs In

Even though the DSA is an EU regulation, since the internet is global and most speech platforms are global companies, its effects will not be confined to this continent. Vice President of the United States, JD Vance, already raised his concerns about the perilous state of freedom of expression in Europe during his Munich Security Conference speech.

Notably, the US has taken specific exception to this act, with both the US State Department and House Judiciary Committee raising concerns over it, and they have good reasons for doing so.

To name just two: Firstly, many of the companies the DSA targets, such as X and Meta, which could face massive fines for refusing to censor content, are American.

Secondly, we have already seen an example of a senior EU politician trying to use the act to censor speech in the United States.

Last summer, then-European Commissioner Thierry Breton shockingly wrote to Elon Musk ahead of his X interview with then-presidential candidate Donald Trump, warning him not to breach the DSA in the conversation.

It is conceivable that in the future we could see more efforts like this to extend EU censorship to silence speech outside Europe. All those who care about free speech should not accept a transatlantic divide on this indispensable liberty, where the US recommits to freedom of expression—as it has under the new administration—while Europe tramples on it. I want to now offer concrete recommendations on how the censorial effects of the DSA can be addressed, as people in this room are in a real position to take action.

It is thankfully the case that freedom of expression is guaranteed in 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.

According to these and the jurisprudence of the ECHR, any limitations to free speech must be proportionate and necessary in a democratic society. And so, serious questions can and should be raised about whether the DSA is compatible with these binding obligations to protect freedom of expression. It is my strong view, as you may have guessed from this speech, that it is not. So, what can be done about this?

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.

Conclusion: The DSA Has a Far-Reaching Censorial Impact

The same question, of considering whether the DSA is compatible with binding obligations to protect free speech, is key for the upcoming DSA review, in which the Commission must evaluate the act in view of other legal commitments.

It is imperative that every opportunity is taken in the review, which must occur by mid-November this year, to raise concerns about the censorial impact of the DSA.

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. After all, if the Commissioner is as in favour of freedom of expression as she claims to be, why would she refuse?

It is vital to include representatives of civil society, tech companies and digital rights groups in such conversations, as they can share their invaluable expertise on this important issue.

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. The truth is that every single European’s rights are jeopardized 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.

I want to close by emphatically stating that freedom of expression is essential for any society, and especially for democracies, to flourish. Those in positions of power turn to censorship because they don’t trust democracy.

They fear the people will choose to speak and vote in a way that they object to.
But this censorial impulse must be rejected. There is a rich history of valuing free speech on this continent. Europeans can and must draw on that tradition again today.

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Experts to convene at European Parliament to warn about EU online censorship law, following US State Department expressing concern

  • First-of-its-kind, cross-party event, co-hosted by politicians and ADF International, to examine threats to free speech posed by Digital Services Act (DSA)
  • Event, also featuring journalist and best-selling author Rod Dreher, to take place on morning of Wednesday, May 21
  • Pressure on DSA builds, following US State Department expressing concern over censorial impact of the law

BRUSSELS (19 May 2025) – Experts will convene at the European Parliament this Wednesday morning to warn about the threats of an EU online censorship law, in a first-of-its-kind, cross-party event.

The event, which is co-hosted by ADF International, is entitled “The Digital Services Act and Threats to Freedom of Expression”.

It follows the Bureau of Democracy, Human Rights, & Labour, a bureau within the US State Department, expressing concern about the censorial impact of the Digital Services Act (DSA).

The DSA is an EU regulation that requires online platforms, including US tech companies such as X and Meta, to remove “illegal content”, or risk facing massive financial penalties.

There are concerns it could introduce a “lowest common denominator” of censorship, as the most egregious anti-speech laws in any individual EU country could be applied across the region under the act.

Croatian Member of the European Parliament (MEP) Stephen Bartulica, who will speak at the event, said: “Pressure against the Digital Services Act is quickly building both inside and outside the European Parliament.

“Concern from the United States, including from their State Department and Congress, over the censorial impact of the DSA should not be ignored by the Commission—the US is a vital ally of Europe.

“This event will be a crucial part of continuing to build pressure on the DSA. Online censorship in Europe must be rejected. I believe in free speech, not regulated speech.”

Paul Coleman, Executive Director of ADF International, and an international human rights lawyer specialising in free speech, who will also speak at the event, said: “The DSA is one of the most serious threats to online free speech in the digital age.

“The move towards censorship in Europe through this framework is deeply concerning and must be challenged.

“We cannot accept a transatlantic divide on free speech, where the US recommits to the protection of this fundamental freedom, while Europe tramples on it. Freedom of expression must be protected and upheld across the globe.”

Another speaker at the event, French MEP Virginie Joron, said: “The DSA has become a tool that elites want to use to control the internet, in a desperate attempt to censor narratives that go against their narrative.

“This truth is becoming increasingly clear to the world. The new DSA regulation must not become a political tool.

“This event comes at an important moment and is a crucial step in the fight against the misapplication of this regulation.”

This week’s conference is being hosted by European Conservatives and Reformists (ECR) MEP Mr Bartulica, PfE MEP Ms Joron and ADF International, a Christian legal organisation, with expertise in international law, that defends free speech.

Pressure builds against Digital Services Act

The gathering of free speech experts will add to steadily building pressure on the DSA, following a letter reportedly sent to the European Commission last week by the US House Judiciary Committee, expressing concern over the legislation.

Henna Virkkunen, the Commission’s Executive Vice-President for Tech Sovereignty, Security and Democracy, also met with Congressman Jim Jordan, Chair of the House Judiciary Committee, in Washington DC last week.

In a post on X, she said: “Candid exchange with @Jim_Jordan [Chairman Jordan].”

She went on to claim in the post: “Freedom of speech is a fundamental right in the EU and is strongly protected by our digital rules. Happy to continue our good discussion.”

Earlier this month, the US Department of State Bureau of Democracy, Human Rights, and Labor expressed concern over the censorial impact of the DSA.

The State Department bureau posted on X: “The Department of State is deeply concerned about efforts by governments to coerce American tech companies into targeting individuals for censorship. Freedom of expression must be protected – online and offline.

“Examples of this conduct are troublingly numerous. EU Commissioner Thierry Breton threatened X for hosting political speech.”

The post continued: “Türkiye fined Meta for refusing to restrict content about protests; and Australia required X to remove a post criticizing an individual for promoting gender ideology.

“Even when content may be objectionable, censorship undermines democracy, suppresses political opponents, and degrades public safety. The United States opposes efforts to undermine freedom of expression. As @SecRubio [Marco Rubio] said, our diplomacy will continue to place an emphasis on promoting fundamental freedoms.”

This Wednesday’s conference is the first of its kind in the European Parliament to focus on the threats to free speech posed by the DSA, offer concrete answers on how to oppose them, and discuss the fundamental importance of freedom of expression for societal flourishing, in that context.

Rod Dreher, an American journalist and bestselling author, will also speak at the event. His books include ‘The Benedict Option’, ‘Live Not By Lies’ and, most recently, ‘Living in Wonder’. He is also a Visiting Fellow at the Danube Institute think tank.

Email contact@adfinternational.org to secure your place at this groundbreaking event.

The Digital Services Act

EU politicians have stated their desire for the DSA to “address’ so-called “mis” and “disinformation” online—vague and subjective terms, which experts have warned can be used to justify censorship.

The regulation would provide an incentive to and put pressure on tech companies, including American ones, to censor speech, rather than risk massive financial penalties for non-compliance.

There are additional concerns in the US about the DSA potentially having an extraterritorial impact and being used to censor speech inside America.

An attempt at using the regulation to censor speech in the US was seen last summer, when former Commissioner Thierry Breton warned Elon Musk to not breach the DSA ahead of his X interview with then-Presidential candidate Donald Trump.

Find more information on the DSA here.

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Unpacking the EU Digital Services Act

Man on his phone in a digital realm design
Man on his phone in a digital realm design

Given the impact of digital services on the online and offline world, states, or, in this case, a supranational union with delegated powers, are increasingly seeking to regulate this domain. We live in an age where Big Tech holds unprecedented power—the annual revenue of these giants economically places them ahead of many states’ annual budgets. The DSA is the EU’s first comprehensive and binding regulation of digital service providers in more than twenty years.

What is the Digital Services Act?

Although it purports to create “a safe online environment,” the DSA is among the most dangerous censorship regimes of the digital age.

The DSA is a legally binding regulatory framework that gives the European Commission authority to enforce “content moderation” on very large online platforms and search engines (those with more than 45 million users per month) that are established, or offer their services, in the EU.

Most of its provisions came into force in February 2024. Platforms that fail to comply with the regulation face massive financial penalties and even suspension. Through the platform’s compliance with the DSA, individuals can suffer censorship, suspension from online platforms, and criminal prosecution (under national law).

The stated objective of the DSA is “ensuring a safe, predictable and trusted online environment, addressing the dissemination of illegal content online and the societal risks that the dissemination of disinformation or other content may generate, and within which fundamental rights enshrined in the Charter [of Fundamental Rights of the EU] are effectively protected, and innovation is facilitated”.

The Commission claims that the DSA creates “legal certainty,” “greater democratic control,” and “mitigation of systemic risks, such as manipulation or disinformation”—but, in reality, it is an authoritarian censorship regime antithetical to democracy.

Why is the DSA an extreme threat to fundamental freedoms?

The DSA requires platforms to censor “illegal content,” which it broadly defines as anything that is not in compliance with EU law or the law of any Member State (Article 3(h)). This could result in the lowest common denominator for censorship across the whole EU. Furthermore, authoritarian governments could adopt the blueprint, claiming that Western liberal states endorse it.

The DSA is deeply flawed. It is built on the idea that “bad speech” is best countered by censorship rather than robust discussion. Furthermore, the DSA gives the European Commission broad power over how platforms handle speech, which undermines the free expression essential to democratic societies.

If a censorship law such as the DSA is the “gold standard,” as the Commission has praised its own construct, authoritarian governments of the world will readily adopt the model.

Allowing “illegal content” to potentially be determined by one country’s vague and overreaching laws pits the DSA against international law standards that require any restrictions on speech to be precisely defined and necessary. This is extremely problematic given the increasing number of absurd so-called “hate speech” laws potentially criminalizing peaceful speech throughout Europe.

  • Example 1: Germany’s highly controversial NetzDG Law, enacted in 2017, forces digital service providers to enforce sweeping online restrictions on certain kinds of content, linking to provisions of the criminal code and including the broad offence of “insult”. A person in Germany could see something “insulting” online that they claim is illegal under German law, file a complaint under the DSA, and trigger a take-down of the content for all countries in the EU, including countries where “insult” is not a criminal offense.

  • Example 2: The DSA forces digital service providers to block specific people or messages, even those that come from outside the EU, from being heard by Europe. A Latin American president says something that a German believes violates German law. Under the DSA, that speech could be blocked (“content moderated”) from all EU countries.

How does the DSA censor speech?

The DSA is at the heart of Europe’s censorship industrial complex, consisting of a number of interwoven regulations and codes that give an unaccountable bureaucracy broad power to censor speech. Censorship occurs through vast “content moderation” networks coupled with a powerful enforcement mechanism to force platforms to comply.

“Content Moderation”

The unelected and largely unaccountable Commission has positioned itself under the DSA to enable sweeping censorship in the name of “public safety” and “democracy”. It does this through a complicated mega-structure that allows the Commission to pull the strings of censorship, making private enterprises complicit and forcing them to comply with the threat of draconian fines.

The DSA creates a censorship industrial complex consisting of an expansive web of outsourced content flaggers, national coordinators, monitoring reporters, and other authorities, with the European Commission at its head. This is a business model dependent on finding content to censor and inconsistent with the standards of the rule of law.

The structure is intentionally unnavigable for the regular citizen to determine what is allowable speech. As platforms have the obligation to moderate content, the Commission can hide behind the DSA to claim that it itself is not censoring speech.

The DSA applies directly to all Member States without requiring national implementation. National regulators work with existing legal frameworks, and they create new structures to apply the DSA alongside domestic laws. In the event of a conflict, the DSA overrides national laws.

Content is policed by so-called “trusted flaggers,” including NGOs and private entities, and may even include law enforcement agencies like Europol. This deputizes organizations with their own agendas to enforce censorship at scale.

This system of “flaggers” reports content that they deem “illegal” to the platform. The platform must prioritize flagged content for removal. If the platform deems the content illegal, it must quickly remove it or disable access (by geo-blocking or hiding visibility).

Very large platforms also are obligated to proactively prevent “illegal content” by conducting regular risk assessments to identify how their services may spread “illegal content”. Under Article 34, these include “negative effects on civic discourse and electoral processes, and public security” and “effects in relation to gender-based violence, the protection of public health and minors and serious negative consequences to the person’s physical and mental well-being”. The efforts include: adapting their design, terms and conditions, algorithmic systems, advertising, content moderation, including for “hate speech,” and awareness-raising measures.

Enforcement

A powerful enforcement mechanism ensures compliance. Under the threat of enormous financial penalties and suspension, digital service providers are forced to censor and potentially suspend individuals, and individuals may even be criminally prosecuted.

Penalties for Individual Users:

  • If, after content is flagged, the platform deems it illegal after its own review, it must remove it or disable access and notify the account.

  • If individuals persistently post “illegal content,” platforms can suspend their accounts (after having issued a warning and with an obligation to be proportionate and for a reasonable period of time).

  • Every Member State has a designated Digital Services Coordinator to enforce compliance with the DSA. The Coordinator can seek court orders to rule on the “illegal” nature of content on platforms and then fine and potentially suspend online platforms. If a user posts content that the platform suspects violates criminal laws in so far as it is “involving a threat to the life or safety of a person or persons” (Article 18(1)), the platform is required to notify the police, triggering potential domestic prosecution.

    • This could happen under one of the many over-broad “hate speech” criminal laws in Europe. If the “hate speech” was subjectively determined to threaten the life or safety of a person or persons, it is possible that even peaceful speech without a real threat could be prosecuted (e.g., if, in the case of Päivi Räsänen, someone argued that her Twitter bible post endangered those who identify as LGBT).

Penalties for Platforms

  • Platforms evaluate content under the threat of crippling fines with every incentive to censor and none to uphold free speech. They face little to no punishment for unjustly banning content and enormous penalties if they refuse to censor.

  • If a platform refuses to remove or restrict access to “illegal content” after it has been flagged—especially by a “trusted flagger” or regulatory authority—the platform may face serious repercussions.

  • The Digital Service Coordinators have broad powers to investigate platforms, issue orders, impose fines, and escalate cases to the European Commission. When dealing with very large platforms, the Commission can override the Coordinators at any time, giving it direct control over censorship enforcement. For these platforms, the Commission has the same powers as the Coordinators but lacks the requirement of “independence” to which the Coordinators are subject. (Article 50(2)).

  • The Commission or national regulators can impose fines of up to 6% of the platform’s global annual turnover for non-compliance, amounting to billions. If non-compliance persists, platforms may face periodic penalty payments. Finally, it can restrict access to the platform within the EU or suspend operations.

Enhanced Enforcement

  • The planned “European Democracy Shield” will strengthen the DSA and impose even stricter regulations on online speech. Its stated aim is to protect the EU from foreign information manipulation and interference, particularly in the digital realm, focusing on the integrity of elections and political processes. Together with the DSA, it can be weaponized to target peaceful expression, further empowering unelected bureaucrats to censor.

  • The DSA grants emergency powers that allow the European Commission to demand additional censorship measures from online platforms during times of crisis, without sufficiently precise definitions or limitations.

    • Crisis is defined as “where extraordinary circumstances lead to a serious threat to public security or public health in the Union or in significant parts of it” (Article 36(2)); “Such crises could result from armed conflicts or acts of terrorism, including emerging conflicts or acts of terrorism, natural disasters such as earthquakes and hurricanes, as well as from pandemics and other serious cross-border threats to public health” (para 91).

    • The Commission may adopt a decision requiring very large platforms to take certain actions in response to the crisis: 1) assess how their services contribute to a serious threat, 2) apply measures to prevent, eliminate, or limit the threat, 3) report back to the Commission on those measures.

    • The potential extraordinary measures it identifies are: “adapting content moderation processes and increasing the resources dedicated to content moderation, adapting terms and conditions, relevant algorithmic systems and advertising systems, further intensifying cooperation with trusted flaggers, taking awareness-raising measures and promoting trusted information and adapting the design of their online interfaces”. (para 91)

    • In a worst-case scenario, the European Commission could crack down on speech at will whenever it decrees a crisis and force platforms to “mitigate risks”. This would prevents citizens from accessing information and sharing views, handing extraordinary power to bureaucrats to control narratives in times of upheaval. 
Paul Coleman's quote concerning the EU and the US on the DSA and censorship.

Is there recourse for a censored individual or platform forced to comply with the DSA?

The DSA severely limits the power of national courts to protect citizens’ free speech rights. National courts become the censorship long arm of the Commission. International appeal is possible but costly and onerous.

Appeal Options for Individuals

A censored individual can try to appeal directly to the platform, use a certified out-of-court dispute resolution mechanism, or appeal to the Digital Services Coordinator. While the out-of-court dispute settlement bodies offer a relatively easy appeal option (5 euros for the individual to submit), their decisions are not binding, and the platforms are only required to engage in good faith. If the platform does not, it leaves the individual user with only more expensive and lengthy judicial recourse. Faced with that reality, many are likely to just submit to censorship or preemptively self-censor.

Judicial Recourse

Individuals or the platform can technically challenge censorship in national courts, but the courts are required to comply with Commission decisions. Article 82 states: a “national court shall not take any decision which runs counter to that Commission decision. National courts shall also avoid taking decisions which could conflict with a decision contemplated by the Commission in proceedings”.

Individuals or platforms can take their cases to the Court of Justice of the European Union (CJEU), but this is a complex and costly process with strict requirements. The CJEU system takes 1-2 years for a ruling, sometimes longer, and rarely grants interim relief measures.

Is the DSA a problem only for Europe?

The DSA is a digital gag order with global consequences because it can censor you no matter where you live. Because the DSA applies to “Very Large Online Platforms” and search engines accessed within the EU but with a global presence, DSA censorship impacts the entire world.

Extraterritorial Applicability

The DSA explicitly states its extraterritorial applicability as it covers platforms used by people “that have their place of establishment or are located in the Union, irrespective of where the providers of those intermediary services [the platforms] have their place of establishment”. (Article 2(1))

While the DSA states in Article 9(2)(b) that takedown orders should be “limited to what is strictly necessary to achieve its objective,” there remain grave extraterritorial concerns.

De Facto Global Censorship Standards

Platforms may be inclined to adapt their international content moderation policies to EU censorship. If platforms deem something “illegal” under EU rules, that content may be banned everywhere, even in countries with strong free speech protections.

In its letter to European Commissioner Henna Virkkunen, the U.S. House Judiciary Committee wrote: “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.”

Europe in the Dark

Individuals outside of Europe could find themselves censored within Europe. This could happen to even a head of state or individual with enormous international reach. In the worst case, blocking content from reaching the 500 million inhabitants of the European Union has the potential to cut an entire continent out of the conversation—a draconian move with world-changing impact.

What is ADF International doing to challenge the DSA?

The DSA is irreconcilable with the human right to free speech. It must be repealed or substantially reformed to protect open discourse and fundamental freedoms in the EU and across the world. We cannot allow the DSA to become the global model for digital speech control.

ADF International is committed to challenging violations of free speech resulting from the DSA and building critical momentum to repeal or substantially reform this censorial framework. We are working to amend or strike down the parts of the DSA that undermine freedom of expression.

There is no disagreement that certain expression is illegal (e.g. child exploitation, incitement to terrorism) and every social media platform has a legal obligation to restrict this content. The DSA goes far beyond this. Instead, the DSA has created a censorship mega structure to ban “illegal content” without defining what “illegal content” is. Over time, this mega structure could censor speech that any person in any EU country considers “illegal” according to whatever law is either in force now or may be passed in the future. Behind the 100+ pages of complex legislation hides a blank cheque for censorship.

What can be done to challenge the DSA at the European level?

  • Equip Member States to initiate an action for annulment before the CJEU – Articles 277 and 263 of the Treaty on the Functioning of the EU (TFEU): Grounds to invoke include the lack of competence of the Commission, an infringement of the Treaties and the EU Charter (free speech), and a misuse of powers. This could result in having the DSA or parts of it declared “inapplicable”.

  • Mobilize Member States in the Council to repeal the DSA through a political decision: Repealing legislation once adopted is very difficult, and the procedure is similar to that for adopting the legislation. The Commission could initiate the repeal, but that appears politically unlikely. Instead, Member States in the Council can build a critical mass and take action.

  • Preliminary reference procedure before the CJEU – Article 267 TFEU: In the course of national litigation, any party or the judge, ex officio, can raise a question of EU law, particularly on its interpretation. Such questions could include the conformity of the DSA (e.g., the definition of illegal content under Article 3(h) and the obligation to act against illegal content under Article 9(2)(b)) with Article 11 of the EU Charter (freedom of expression and information). The decision to submit the reference to the CJEU rests entirely with the national judge, except for the situation when the case is at the court of the last instance, and the question of interpretation of EU law is necessary to decide the legal question at issue.

  • Engage in the DSA review process: According to Article 91 of the DSA, by 17 November 2025, the Commission shall evaluate and report to the European Parliament, the Council, and the European Economic and Social Committee. The scope of this first review is limited, and it will be followed by another review in 2027 and then every five years.

EU doubles down on social media censorship that ‘will not be confined to Europe’ following concerns about Musk’s free speech policy on X

  • Members of the European Parliament debated controversial Digital Services Act on Tuesday, which censors free speech both within and outside the EU, and could affect America
  • EU’s censorship stance in marked contrast with US, where President Trump this week signed Executive Order to end government censorship

STRASBOURG (24 January) – The European Union this week doubled down on social media censorship to “protect democracy” from “foreign interference”, following concerns about Elon Musk’s free speech policy on X.

The Digital Services Act (DSA), which came into full force in February 2024, is an EU regulation that aims to tackle “misinformation”, “disinformation”, and “hate speech” online.

By requiring the removal of so-called “illegal content” on social media platforms, it censors free speech both within and outside the EU and could even affect the speech of US citizens online.

Members of the European Parliament (MEPs) debated enforcement of the controversial act on Tuesday. 

MEP Iratxe García, leader of the Progressive Alliance of Socialists and Democrats, commented:

“In recent months, we have seen how Elon Musk and his social network X have become the main promoter for the far right by supporting Donald Trump and Alice Weidel’s AfD party through fake news and hate messages.

We have also witnessed Mark Zuckerberg’s decision to remove fact-checking programs on Meta as an act of complicity with lies and manipulation… We must ensure the effective application of our rules and we must sanction those who break the rules.”

The European Commissioner in charge of enforcing the DSA, Henna Virkkunen, announced a number of measures to further crack down on speech, including doubling the number of staff working on enforcement from 100 to 200 by the end of 2025. 

“We are living in a new bipolar order of speech. On the one hand, Europe is doubling down on censorship, while the US is recommitting to its free speech heritage."

This puts the EU’s online free speech stance in stark opposition to that of the US, following President Trump this week signing an Executive Order to end government censorship.

Although Virkkunen claimed the DSA “does not censor content”, MEPs from across the political spectrum voiced well-founded concerns that, in fact, it does.

Hungarian MEP Schaller-Baross Ernő said:

Let’s call a spade a spade! In its current form, the DSA can also serve as a tool for political censorship…

“I’m afraid that in Europe the left… is not learning again. But this DSA must be abolished in this form. We don’t need more officials in Europe who censor…

“Freedom of expression and equal conditions must be ensured. This is the foundation of our democracy. Let’s say no to political censorship!”

Polish MEP Ewa Zajączkowska-Hernik said:

“For you, democracy is when people think, write and speak directly and say what you tell them to with your leftist way of thinking.

“Right-wing and conservative views are ‘thought crime’ and today’s debate should be called ‘The need to strengthen censorship to protect the trough of those who govern the European Union’.”

In addition to institutionalising censorship, the DSA also lays the ground for shadow banning, which was highlighted in this week’s debate.

Paul Coleman, executive director of ADF International, a global organisation dedicated to the protection of fundamental freedoms, including at the EU institutions, stated:

“On Monday, President Trump signed an executive order to end the weaponisation of the US government to promote censorship.

“On Tuesday, the European Commission made clear that it will be increasing its efforts to suppress speech, arguing that the Digital Services Act is needed to ‘protect democracy’ from so-called ‘misinformation’, ‘disinformation’ and ‘hate speech’ online.

“We are living in a new bipolar order of speech. On the one hand, Europe is doubling down on censorship, while the US is recommitting to its free speech heritage.

“This will usher in an unprecedented era of tension within the West itself over this most basic of human rights, and it is the responsibility of all who value freedom to side with the protection of free speech.

“As we saw clearly from Thierry Breton’s letter to Elon Musk this summer, warning him not to breach the DSA ahead of his interview with Trump, the DSA will be used to censor views disfavoured by those in power.

“The DSA poses a grave threat to the fundamental right to freedom of expression, guaranteed to every person under international law. It is not the place of any authority to impose a narrow view of acceptable speech on the rest of society.

“The effects of the DSA will not be confined to Europe. There are legitimate worries that the DSA could censor the speech of citizens across the world, as social media companies could regulate their content globally to comply with European standards.”

US Response to DSA

In response to former Commissioner Thierry Breton’s letter to Musk this summer, Congressman Jim Jordan, chairman of the US House Judiciary Committee, wrote a strongly worded letter to Mr Breton.

In it, he said:

“We write to reiterate our position that the EU’s burdensome regulation of online speech must not infringe on protected American speech…

“Your threats against free speech do not occur in a vacuum, and the consequences are not limited to Europe. The harms caused by EU-imposed censorship spill across international borders, as many platforms generally maintain one set of content moderation policies that they apply globally.

“Thus, the EU’s regulatory censorship regime may limit what content Americans can view in the United States. American companies also have an enormous incentive to comply with the DSA and public threats from EU commissioners like you.”

Increasing Censorship Efforts

Other measures announced by Virkkunen this week include making a previously voluntary code of conduct on “illegal hate speech online” legally binding and advancing a framework called the European Democracy Shield (EDS).

The EDS uses fact checkers and NGOs to combat so-called “foreign information manipulation, interference, and disinformation”.

Anyone, be it an individual or an entity, can flag content they believe to be illegal.

Under the DSA, social media platforms can face massive fines of up to 6% of global annual turnover for failing to remove so-called “misinformation”, “disinformation” and “hate speech”.

The concept of “hate speech” has no basis in international human rights law.

Because of their loose and vague nature, prohibitions on “hate speech” rely on the subjective perception of offended parties rather than objective harm.

Further, the definition of “hate speech” is not harmonised at the EU level, meaning that what is deemed illegal in one country may not be in another.

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