One hundred experts write to European Commission warning EU legislation risks censoring global speech

  • Letter calls on Commission to consult free speech experts as part of review into censorial Digital Services Act (DSA)
  • Letter from free speech experts, which was coordinated by ADF International, comes after US Ambassador to EU and Google recently expressed concerns that DSA risks censoring American online speech

BRUSSELS (9 October 2025) – More than 100 free speech experts from around the world today wrote to the European Commission warning that an EU law risks censoring global speech online.

In a letter to the European Commission, the 113 experts, including a former VP of Yahoo Europe, a former US Senator, and politicians, academics, lawyers and journalists from around the globe, called on the Commission to consult free speech experts as part of its review into the EU’s Digital Services Act (DSA), which will take place by 17 November.

The letter, which was coordinated by free speech legal advocacy organisation ADF International, states: “[The DSA] constructs a pan-European censorship infrastructure with loosely defined boundaries and the potential to suppress legitimate democratic discourse…

“The wide definition of illegal content allows the most speech-restrictive provisions of one single EU country to be imposed as a standard across the entire Union, and potentially worldwide, effectively importing the lowest common denominator of expression.”

The letter added: “The broad definition of ‘illegal content’ in the DSA, combined with existing jurisprudence of the Court of Justice of the European Union (CJEU) opens the door to worldwide takedowns.”

Signatories include ADF International Executive Director Paul Coleman, President, CEO, and Chief Counsel of Alliance Defending Freedom Kristen Waggoner, former Vice President of Yahoo Europe Jean-Marc Potdevin, former US Senator and former US Ambassador-At-Large for International Religious Freedom Sam Brownback, Founder and General Secretary of the Free Speech Union Toby Young, former President of the American Civil Liberties Union Nadine Strossen, award-winning journalist and author Michael Shellenberger and Research Fellow at the Hoover Institution Ayaan Hirsi Ali.

Cross-party Members of the European Parliament (MEPs) also signed the letter, including ECR MEP Stephen Bartulica, EPP MEP Branko Grims, and Patriots MEP Virginie Joron, as well as McCormick Professor of Jurisprudence at Princeton University Robert P George, American philosopher and author Peter Boghossian, child protection advocate Chris Elston aka Billboard Chris and other experts from the UK, Europe, Latin America and the United States.

Read the full letter, see the full list of signatories and sign the public version of the letter here.

Opaque review process into DSA

The letter expresses concern over the European Commission’s opaque review process into the DSA and calls on the Commission to: “Conduct a comprehensive and inclusive consultation with independent experts in freedom of expression, constitutional law, and digital rights, ahead of the November review, inviting public comments.

“Publicly disclose the list of NGOs, civil society actors, and partner entities engaged in the review process, including the criteria and methodology used for their selection.

“Ensure that the review includes a rigorous legal analysis of the DSA’s compatibility with fundamental rights protections, especially under Article 11 of the Charter of Fundamental Rights of the EU, Article 10 of the ECHR, and Article 19 of the ICCPR.”

Concerns from US Ambassador to the EU

The experts’ letter to the European Commission comes after the US Ambassador to the EU Andrew Puzder last week expressed concern that the DSA risks censoring American citizens, and follows Google warning the DSA threatens American speech.

Ambassador Puzder last week said: “No President of either party, and I can tell you President Trump in particular, is going to tolerate a foreign government restricting the First Amendment fundamental free speech, free expression rights of American citizens, to an extent that the United States government can’t even regulate those rights.

“So we need to come to an understanding as to what’s happening with the Digital Services Act.”

Ambassador Puzder has also reportedly said the United States will make formal submissions under the European Commission’s review of its digital legislation.

The letter’s warning about the threat of global DSA censorship reinforces Ambassador Puzder’s and Google’s concerns.

 

Dr Adina Portaru, Brussels-based Senior Counsel, Europe for ADF International said:

“The European Commission claims the DSA will not censor speech and will merely create a safer online environment. In this letter, one hundred free speech experts vehemently disagree.

“The US Ambassador to the EU and Google recently expressed concern that the DSA threatens American online speech. This letter from experts reinforces these concerns and warns that the legislation threatens to impose an online censorship regime not just in the EU, but across the whole world.

“The Commission must urgently engage with these concerns in their review of the DSA, and act to ensure freedom of expression is protected online.”

 

French MEP and signatory of the letter Virginie Joron said:

“The French digital regulator ARCOM told me they believe the DSA allows them to censor any post anywhere in the world using the DSA. That means even an American citizen posting in Alabama could potentially have their online post taken down, even if the publication would be legal in the US.

“This already happened in 2023 after the Annecy terror attack in a playground in the South of France where a migrant from Syria stabbed four babies and toddlers. A reaction from a US citizen was taken down, as described in the report from the US Congress.”

As well as warning about the possibility of global takedown orders under the DSA, the letter also quotes the US House Judiciary Committee in highlighting another way the EU legislation risks censoring global online speech: “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.”

Read more about the DSA here.

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(From left to right: Dr Adina Portaru, Brussels-based Senior Counsel, Europe for ADF International; French MEP Virginie Joron)

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

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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 [email protected] 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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