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.

The Finnish Line: The Supreme Case of Päivi Räsänen After 6 Years

Päivi Räsänen’s case has been ongoing for 6 years. Now her fate rests at the Finnish Supreme Court

A Nation Watches as One of Its Most Respected Leaders Goes to the Supreme Court for Speaking Her Faith

Päivi Räsänen’s case has been ongoing for 6 years. Now her fate rests at the Finnish Supreme Court

The case of Finnish MP Päivi Räsänen is more than a legal battle; it’s a test of Europe’s commitment to democratic values.

As one of Finland’s most respected politicians, Päivi now faces the Finnish Supreme Court for peacefully expressing her Christian beliefs online.

Her story is a powerful reminder of what it means to be a Christian in today’s pervasive culture of censorship. It also demonstrates unwavering faith in the face of prosecution and punishment for so-called “hate speech”.

ADF International is proud to stand alongside Päivi as her legal ordeal reaches its 6th year.

A Life of Conviction

Päivi was still a very young girl when her parents decided she could go to the church in their small village of Konnunsuo, just inside the Finnish border from Russia. It’s a region known for hundreds of beautiful lakes and one less beautiful prison, where Päivi’s father worked, tending the gardens. While he and his wife were not Christians, they respected the faith and didn’t feel it would do little Päivi any harm to learn a bit of the Bible.

Time would prove them both wrong and right about that, but as a child, Päivi was fascinated with the things she learned in those Sunday morning classes.

“It was very, very affecting and important for me,” she remembers, nearly six decades later. “I was about 5 or 6 years old, and I remember well, even at that age, those talks the teachers shared with us about Jesus.”

Biblical concepts like grace and sin, salvation and judgment, she says, “were so concrete. Even as a small child, you have to think about these issues. And I remember praying that I would have my sins forgiven, and that Jesus would come into my life.”

How seriously Päivi took her new conversion became clear shortly afterward, when the prison warden came riding along the road by her family’s house on his bicycle. She urgently waved for him to stop. He did, looking down into her big, earnest, little-girl eyes to ask what was wrong.

“Do you love Jesus?” she asked. “You can’t get to heaven if you do not know Him.”

Embarrassed, the warden looked around and saw Päivi’s mother, standing nearby. “You should take your baby out of that Sunday school today!” he yelled. “Before she loses her mind!”

If her mother was concerned about her husband’s boss’s opinion, she didn’t show it. Päivi stayed in Sunday school. But it was by no means the last time Päivi spoke up for her faith. Or drew sharp opposition for doing so.

The Start of Päivi’s Career

Although she went to the University of Helsinki to study medicine, Päivi spent at least as much time there sharing her faith. For five years, she led a student missionary group in weekly door-to-door visits around campus, drawing other young people into discussions about moral values and cheerfully engaging them with the Gospel of Jesus Christ.

“It was an important time in my life,” she remembers, “an important schooling. Every week, I was discussing quite difficult issues with students from different backgrounds and areas of study. I had to think very thoroughly about how my faith stands — how the Bible stands — in the face of these difficult questions. I learned to discuss ideas. I learned to debate.”

Her extracurricular evangelism also changed her life in another way. Twice during those years, Päivi joined other Christian students from all over Finland on mission trips to London, led by a tall, smiling young man named Niilo Räsänen.

He and Päivi took a shine to each other, began to date, and soon were married. They went on to raise four daughters and a son, as Niilo became a pastor in the Evangelical Lutheran Church and head of one of the denomination’s seminaries.

Päivi, meanwhile, went into general practice medicine. She quickly developed a reputation as both an excellent doctor and a thoughtful, outspoken defender of life.

“I had decided already during my studies that I would not end the life of a child in the womb,” she says. In her spare time, she wrote books and pamphlets on the subject. That led to television and radio appearances, where she drew on those debate skills she’d honed back in college. Her strong, winsome arguments began to attract wide attention. People asked if she was interested in standing for office — perhaps campaigning for a seat in Parliament.

“At first I refused,” she says. “I thought it was not my place.” But people continued to urge her to run … and one of those urging was her husband.

“Actually, I think I was the first,” Niilo says. “But she wasn’t interested.” One day, though, he drove her through Helsinki, past the building where Parliament met. He pointed at the building. “Look at your future workplace,” he told her.

The 1990s brought a severe economic recession to Finland. Päivi’s patients were hit hard by what was happening and often poured out their worries to her.

“I could see a lot of problems in people’s lives,” she says — problems born of what was happening in her country’s politics and culture. “I thought I would like to try and influence the society and improve the welfare of the people. To not only give them medicine, but to try to heal the consequences of these problems.”

A person in Parliament could do that, she decided. The next time someone suggested she stand for office, Päivi was ready. “I answered, ‘Yes.’”

Päivi as a Parliamentarian

Päivi Räsänen has served continually in the Finnish Parliament since 1995. For 11 of those years, she acted as chairman of the Christian Democrats, a party she chose for its support of her Christian values and unswerving opposition to abortion. For four years, she also served as her nation’s minister of the interior, overseeing internal national security and migration issues.

Päivi reading her Bible at parliament

“I have felt, very deeply, that this has been my calling,” she says. “I’ve been happy to have the opportunity to influence our society, our country, and to try to make better living conditions for people, especially families and children and the elderly.

“In some ways, it is very similar to working as a doctor. People come to you to talk about their problems, and then you try to find some solution. That’s been my work in Parliament.” She’s learned, she says, that “politics is one way to show love to your neighbour.”

You might think that attitude would have enhanced Päivi’s interactions with Finland’s religious leaders — “church affairs” was another aspect of her responsibilities as minister of the interior, and her work brought her into contact with most of the prominent clerics of her country.

Still, even knowing these leaders so well, she was stunned to learn, in the summer of 2019, that the Evangelical Lutheran Church of Finland — her own denomination and the one in which her husband served as a pastor — had pledged its full support for an upcoming Helsinki Pride event.

“I knew that our church at that time was already quite divided,” Päivi says, “and there was a lot of progressive liberal thinking among our pastors.” Still, “that the whole church leadership had decided to support the event, publicly and financially, was a strong disappointment to me — and to many other Christians.”

Many friends confided to her their intention to resign from the church. Päivi seriously considered joining them. “I was praying, ‘What should I do now? Should I leave the church, too?’”

The Tweet That Sparked a Trial

But, on her knees, her Bible open before her, “I received a very clear vision,” Päivi says, “that now was not my time to jump out of this sinking boat — that I should try to wake people up. I was especially worried about our young people losing their trust in the Bible, with the leadership of the church teaching something so much against what the Bible teaches.”

“What the Bible teaches.” After a moment, she reached for her cell phone, turned to Romans 1:24-27, and snapped a photo. She pulled up her X (formerly Twitter) account, attached the picture, called it to the attention of the Evangelical Lutheran leadership, and added one simple question:

“How does the doctrine of the church, the Bible, fit together with the fact that shame and sin are raised as a matter of pride?”

She pressed “Tweet.”

And her life changed, forever.

Explain this word, 'sin', she was asked.

Päivi’s communique thoroughly rocked “the boat” and woke up everyone in it. Including Päivi.

A few weeks after she had posted the tweet, she opened a newspaper and read — to her astonishment — that local police had received a complaint about her message and were investigating. Their evidence would determine whether the nation’s chief prosecutor would bring her to trial for her beliefs.

“At first, I didn’t believe it,” Päivi says. “I thought, ‘No, no, this must be from a summer intern who doesn’t know what he’s saying.’” But a call to her local precinct confirmed that officers were indeed looking into the matter. When could she come in and speak with them?

Over the next few months, Päivi would be required to sit for a total of 13 hours of police interrogation.

“It was an absurd situation,” she remembers, “sitting there in a small room in the station, being interrogated about my Christian beliefs.” The policeman asking questions kept an open Bible on the table between them. He pointed at it as he probed her theology: “What is Romans about?” “Tell me about the first chapter.” “Walk me through Genesis.” “Explain this word, ‘sin.’”

Päivi found the whole thing almost laughable. “Just a few years before, I was the [cabinet] minister in charge of police, and now I was sitting here, being interrogated.” But the people of Finland understood what was happening: one of the most well-known political figures in their country was being detained at police headquarters for quoting Scripture to bishops.

“Someone joked on social media that maybe we were going to have Bible studies at the police station,” Päivi says, smiling. “But … these discussions were very good. I had the opportunity to [share with] that policeman very thoroughly the teachings of the Bible, from Genesis to the message of the Gospel … because he asked me to.

“Do you really want to hear this?” she asked him. “Because this has been such an important book to me. When I read it, I understand the message of the Gospel: that Jesus has died for my sins.”

“It was lovely,” she says, smiling, “telling that to the policeman.”

She left an impression. “If it were up to me,” he told her, after their last discussion, “you wouldn’t be sitting here. I hope we don’t have to meet like this again.”

Charged With “Hate Speech”

They didn’t. But Päivi had to wait more than a year to learn that the Finnish prosecutor general was formally charging her with three counts of “agitation against a minority group” — one, for publicly voicing her opinion on marriage and human sexuality in a 2004 pamphlet distributed at her church; two, for comments she made on the same topics on a 2019 radio show; and three, for the tweet directed at the leadership of her church.

Under Finland’s criminal code, “agitation against a minority group” falls under the section of “war crimes and crimes against humanity” punishable by tens of thousands of dollars in fines — and up to two years in prison.

Päivi knows better than most the penalty for breaking this particular law. After all, she was a member of the Finnish Parliament when it unanimously adopted these changes to the country’s criminal code 13 years ago.

“In Finland, as in all European countries, you have a law that prohibits so-called ‘hate speech,’” says Elyssa Koren, legal communications director for ADF International. Like most such laws, she says, this one carries with it the possibility of criminal charges. That’s not all the laws have in common.

These laws are often presented, Koren says, as a way “to reduce social tensions, to curb hostility, to foster conditions of peace. It’s a very reductive way of looking at societal problems … the idea that if you have less ‘hate speech,’ you’ll have less hate.” Unfortunately, she says, the laws are also “vaguely worded, overly broad, and don’t define ‘hate.’”

“‘Hate,’ really, is just in the eye of the beholder,” she says. “And what happens is what we’ve seen with this case: people are prosecuted for perfectly peaceful expression in the name of preventing ‘hate.’” When the law was passed in the Finnish Parliament, “nobody was much aware what the consequences would be. Päivi’s case is the litmus test for how the law will be applied to religious speech.”

Päivi says she sees now that she and her colleagues underestimated the implications of the law they all voted for. Many serving with her in the Finnish Parliament, she says, believe that “if I were to be convicted, then we would have to change the law.

“I’m not the only one in Finland who has spoken and taught about these issues,” she says. “There are thousands and thousands of similar writings. If my writings are banned, then [many] sermons and interviews and writings would be in danger. If I were convicted, it really would start a time of persecution among Christians.”

Which, unfortunately, seems to be the idea.

“‘Hate,’ really, is just in the eye of the beholder.”

Päivi Räsänen

Faith Under Fire

Päivi and her co-defendant — Bishop Juhana Pohjola, who is charged with publishing the 2004 pamphlet on marriage and sexuality Päivi shared with her church — were stunned when the prosecutor opened her case against them by showing Bible verses on a courtroom screen. Her ignorance of Christian theology was palpable, and she made no secret of her determination to see Päivi and Bishop Pohjola punished for views so contrary to contemporary secular morality.

“It’s become clear,” Koren says, “that they are not prosecuting Päivi Räsänen … they’re really prosecuting the Bible and Christian beliefs at a very high level. What’s at stake is the fundamental question of whether people — particularly people in the public eye — have the freedom to voice their Christian convictions in the public space.”

“What the prosecutor essentially is calling for,” says Paul Coleman, Executive Director of ADF International, “is the criminalization of the orthodox Christian position on fundamental Christian doctrine regarding marriage, sexuality, sin, and so forth. It’s shocking to see such brazen anti-Christian legal argumentation within a criminal context.”

Even more unsettling, Coleman says, is the fact that “there’s nothing unique about the situation in Finland. It doesn’t have worse law than anywhere else. It has a better legal system than most places. If this can happen in Finland, it can happen in any Western country.”

In fact, he says, “the same censorial sentiments exist in the U.S. — at all heights of power. On almost every college campus. In all of the major companies, particularly Big Tech. They exist in much of the U.S. political system and in the mindset of many law professors.

That line — between what we’re seeing take place in Finlans and what could very soon happen in the U.S. — is far smaller than most people realize. Or want to admit.”

A Ruling Due Before the Supreme Court

In March 2022, the Helsinki District Court unanimously acquitted Päivi and Bishop Pohjola of all charges, saying, “It is not for the district court to interpret biblical concepts.” A month later, the prosecutor appealed that ruling — something she is allowed to do under Finnish law. In November 2023, the Helsinki Court of Appeal confirmed the lower court’s acquittal.

The prosecutor then appealed both decisions to the Finnish Supreme Court, which has agreed to hear the case.

What the prosecution has secured, Koren says, “is another year or two during which Päivi is still under this pressure. Her reputation and her integrity as a civil servant are clouded by the fact that she continues to be criminally prosecuted for her peaceful expression.”

Still, Niilo says, “We don’t worry. Whatever happens, we will take it as God’s will and see what comes next.”

Paivi and Paul

“It’s remarkable,” Päivi says, “how God uses this.” From the beginning, she says, “I had a deep, deep feeling this was in God’s hands, that He was opening a door. There’ve been so many opportunities to testify about Jesus … before these courts, in front of police officers, even to those who vehemently disagree with me. It’s given me a lot of joy.

“I’ve received messages from people who’ve told me that, as they’ve followed the trials and listened to my interviews, they’ve started to read the Bible and pray. They’ve found Christ.

“I got a call from a 22-year-old man who told me that he knew almost nothing about Christianity but was listening to a radio interview where I said, ‘If you want to know Jesus, you can pray, He will come into your life.’ He has been a Christian now for over two years. Jesus came into his life.”

As a lawyer who feels called to defend freedom of religion and speech,” Coleman says, “it’s been the great privilege of my career to be [able] to support and defend Päivi. I’m not exaggerating by saying she is, ultimately, the reason why we exist.

“She’s tough. Really tough. Yet … always smiling, always kind. Over the past five years, I’ve sat through two trials with her, sat around her kitchen table, seen her in every context in between. She’s just such an unbelievably authentic person. The same in every context, whether being cross-examined for her faith, or hosting us for dinner after the hearing.”

During one hearing, Coleman says, “the prosecutor — who, bear in mind, has said horrible things about her and wants to put her in jail — was visibly unwell. And, at one of the breaks, Päivi just went over to sit with her, ask how she was doing, connect with her on a human level.

“She wasn’t doing it for the cameras,” he says. “No one saw it. But I thought, ‘What a remarkable person this is.’ It’s just such a privilege to be called as a ministry to stand alongside her and say, ‘We’ve got your back.’”

“I have received much more during this legal process than I have lost,” Päivi says. “When I was young, I read from those texts where Jesus says that, when they take you in front of courts and kings, you’ll be His witness, and He will provide what to say. I could never have believed I would ever be in this kind of situation. But I think it’s increased my trust in God.

“What I’ve found is that what God has promised, He is faithful [to do]. He really works as He has said. Jesus is alive, and He stands by His word. And He is good.”

Conclusion: The Assault on Freedom of Expression

At the heart of Päivi’s case is a growing trend across Europe: the weaponization of vague and subjective “hate speech” laws to suppress peaceful expression. The implications of this case extend far beyond Finland. What does this mean for ordinary European citizens if a respected parliamentarian can be prosecuted for a tweet?

International law, and that of Finland, guarantees freedom of speech and religion, yet cases like Päivi’s show how these rights are increasingly being violated or reinterpreted to serve ideological ends. If she were to be convicted, it would mark a dangerous shift towards state control over individual freedoms.

The principle at stake is not whether one agrees with Päivi’s beliefs. It’s whether a European democracy can still allow space for diverse opinions in the public square. Once the state decides which views are acceptable and which are not, the door opens to widespread censorship.

Europe’s commitment to democracy demands better. The Finnish Supreme Court now has a decision to make, and the world is watching. Time will tell, but one thing is certain: Päivi Räsänen will not be silenced.

ADF International is honoured to stand by her side, just as we’ve done for the last six years.

Across The Globe, Pointing Out Men Can’t Become Women Could Land You In Court

Gabriel Quadri, censored for stating biological reality.

This story originally appeared in The Federalist on 8 August 2024

Picture of Elyssa Koren
Elyssa Koren

Legal Communications Director

The world has been shocked to see riots erupt throughout the United Kingdom following an appalling stabbing in Southport, England, last week, where three children died.

But we should be alert to how the response of Britain’s new Labour government to the disorder is creeping beyond a crackdown on violence. Home Secretary Yvette Cooper said on Monday that social media companies should address “misinformation,” which suggests this crisis could be exploited to censor peaceful speech online.

The fear is that the unrest in the UK will be used as an excuse to further infringe on free speech online in the country. In fact, there are many parts of the world where a perfectly peaceful tweet could land you criminal charges or even a prison sentence.

For example, take note of what happened in 2022 to congressman Gabriel Quadri in Mexico. Quadri was prosecuted for his Twitter posts on the dangers of transgender ideology, including comments about keeping female sports safe and fair.

As millions opine freely on the myriad controversies at the Olympics, this should give us pause. Both Quadri and civil society leader Rodrigo Iván Cortés were convicted for “gender based political violence,” including “digital violence,” and punished in an absurd and demeaning manner for peacefully expressing the truth about biological reality online.

A testament to the pound of flesh the state demands from those who dare to speak against its orthodoxies, Quadri and Cortés were ordered to publish a court-written apology on X every day at set times and placed on an offender’s registrar. Having exhausted all avenues for justice in Mexico, ADF International is appealing their cases to the Inter-American Commission on Human Rights.

Prosecution in Finland

Look too to what has transpired over the last five years in Finland, a country with deep roots in the rule of law. Longstanding parliamentarian and grandmother Päivi Räsänen is being criminally prosecuted for a Bible verse she tweeted in 2019.

Quoting from the book of Romans, Räsänen objected to her church’s decision to sponsor a pride parade. For this, she endured hours of police interrogation, three criminal charges, and two onerous trials. Despite being unanimously acquitted at both, she soon will be tried again at the Supreme Court of Finland, where ADF International is backing her legal defense.

Räsänen’s case, in a supposedly free country, demonstrates that the censorial vigor of the state knows no bounds when it comes to silencing expressions of truth that expose the ideological falsehoods of the day.

Räsänen stoked no violence and evinced no hate, and yet she is being prosecuted for “hate speech” under the “war crimes and crimes against humanity” section of Finland’s criminal code, which carries a potential prison sentence of two years. You better believe that if a much loved, and oft re-elected, civil servant of more than 20 years can be tried for a tweet, then the citizens of Finland are going to think twice before they hit post.

Cases in the EU, Australia, Ireland, Scotland, Brazil

In Australia, street advocate Billboard Chris was censored for tweeting the truth that trans-activist Teddy Cook should not serve on a World Health Organization panel for children’s transgender policy given Cook’s aberrant sexual practices.

Chris posted a Daily Mail article on X entitled, “Kinky secrets of UN trans expert REVEALED: Australian activist plugs bondage, bestiality, nudism, drugs, and tax-funded sex-change ops – so why is he writing health advice for the world body?” Australia’s “E-Safety Commission” tried to force X to take the post down.

When X refused, they forced the platform to geo-block it, and now, Chris, supported by ADF International, and alongside X, is suing in defense of his right to speak freely.

The Irish parliament is currently debating a “hate speech” law, which, if adopted, could criminalize the possession of “hateful” material with up to five years in prison. And in April, Scotland passed a law criminalizing “stirring up hatred” against protected categories, including transgender identity, with a possible seven-year prison sentence.

As is always the case where these laws take root, “hate” is undefined. Consequently, it’s open season for a “hate crime” when such a transgression could be literally anything under the sun perceived as hateful by an offended party.

Brazil is undergoing a crisis of extreme censorship, positioning the country as among the worst for restrictions on speech in the Americas. Earlier this spring, a Supreme Court judge threatened to wield his authority to shut down X in the country. 

Journalists, including American author Michael Shellenberger, are being criminally investigated for exposing the state’s censorial crimes. Now X is deploying its legal team to preserve free speech on the platform in Brazil.

At the international level, the European Commission is advancing efforts to make “hate speech” an EU crime, on the same legal level as trafficking and terrorism. Most recently, the European Commission has accused X of violating the EU Digital Services Act, triggering the promise of legal action from Elon Musk, who claims that X resisted an “illegal secret deal” to comply with EU rules to censor “misinformation.”

Raising our Voices in Resistance

Everyone must be free to peacefully debate the issues of our time, online or wherever they may find themselves, without fear of government punishment. But across the world state-driven censorship is proving to be one of the most insidious problems of our age. And it is not by accident that the brunt force of the state is often leveraged to silence expressions of basic truth, in particular in the digital space.

Next time you reflexively exercise your free speech rights by firing off a tweet, remember those who have incurred the wrath of the state simply for doing the same. We must vigilantly resist the rising tide of censorship, and also the urge to self-censor, instead raising our voices to advocate for those silenced and sanctioned for nothing more than a tweet.

Defence filed in Bible Tweet “hate speech” case headed to Finland’s Supreme Court 

  • Long-serving Parliamentarian and grandmother Päivi Räsänen to stand trial a third time for expressing Christian beliefs on marriage and sexuality on “X” (formerly Twitter) 
       
  • Prosecution calls for tens of thousands in fines and censorship of MP’s Bible-Tweet; ADF International supports Räsänen’s legal defence  

HELSINKI (21 May 2024) – Former government minister and sitting Finnish parliamentarian Päivi Räsänen has submitted her defence to the Finnish Supreme Court ahead standing trial a third time for her Bible-verse tweet. 

The State prosecutor appealed the case despite the Christian grandmother of 12 being acquitted unanimously of “hate speech” charges before both the Helsinki District Court, and the Court of Appeal. The charges are found under the “war crimes and crimes against humanity” section of the Finnish Criminal Code. 

Commenting on the submission of her defence, Räsänen said: 

“The heart of the trial is the question of whether teachings linked to the Bible can be displayed and agreed with. I consider it a privilege and an honour to defend freedom of expression, which is a core right in a democratic state. 

An acquittal by the Supreme Court would serve as a stronger precedent than lower court rulings for subsequent similar charges. It would provide a clearer and stronger safeguard for the freedom of Christians to present the teachings of the Bible – and it would strengthen the principle of freedom of expression in general.” 

The Bible on Trial 

Police investigations against Räsänen started in June 2019. As an active member of the Finnish Lutheran church, she had addressed the leadership of her church on Twitter/X and questioned its official sponsorship of the LGBT event ‘Pride 2019’, accompanied by an image of Bible verses from the New Testament book of Romans.

Following this tweet, further investigations against Räsänen were launched, going back to a church pamphlet Räsänen wrote 20 years ago, based on the text “male and female he created them.” 

“This was not just about my opinions, but about everyone's freedom of expression. I hope that with the ruling of the Supreme Court, others would not have to undergo the same ordeal."

- Päivi Räsänen

Police investigations against Räsänen started in June 2019. As an active member of the Finnish Lutheran church, she had addressed the leadership of her church on Twitter/X and questioned its official sponsorship of the LGBT event ‘Pride 2019’, accompanied by an image of Bible verses from the New Testament book of Romans.  

Following this tweet, further investigations against Räsänen were launched, going back to a church pamphlet Räsänen wrote 20 years ago, based on the text “male and female he created them.” 

Over several months, Räsänen endured a total of thirteen hours of police interrogations about her Christian beliefs – including being frequently asked by the police to explain her understanding of the Bible.    

A “chilling effect” on religious freedom 

Her legal team, backed by ADF International, have submitted to the court that the case should be dismissed and costs to be awarded to Räsänen. 

The defence argue that Räsänen has the right to freedom of expression in international law, and that so-called hate speech laws do not extinguish that right. 

The defence have further highlighted the fact that Räsänen has consistently underlined that all people have dignity and should not be discriminated against – inconsistent with the behaviour of somebody guilty of spreading “hate”. 

The submission from the defence reads: 

“Vague or far-reaching laws against advocacy of hatred, or blasphemy, offence to religious feelings and similar offences are not only arbitrary; they can also lead to the direct and structural marginalization of religious or belief communities.”  

The parliamentarian’s case will again be heard alongside Bishop Juhana Pohjola, who faces charges for publishing Räsänen’s pamphlet two decades ago.   

Their cases have garnered global media attention, as human rights experts voiced concern over the threat posed to free speech in Finland.   

To find out more about the case, and to contribute to Päivi’s legal defence, click here.  

Lorcan Price, Irish Barrister and Legal Counsel for ADF International, supporting Räsänen’s legal defence said:  

“This is a watershed case in the story of Europe’s creeping censorship. In a democratic Western nation in 2024, nobody should be on trial for their faith – yet throughout the prosecution of  Päivi Räsänen and Bishop Pohjola, we have seen something akin to a ‘heresy’ trial, where Christians are dragged through court for holding beliefs that differ from the approved orthodoxy of the day.  

The state’s insistence on continuing this prosecution after almost five long years, despite such clear and unanimous rulings from the lower courts is alarming. The process is the punishment in such instances, resulting in a chill on free speech for all citizens observing. ADF International will continue to stand alongside Räsänen and Pohjola every step of the way as they face their next day in court. Their right to speak freely is everyone’s right to speak freely.”  

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

US Legislators condemn “hate speech” prosecution of Finnish politician on trial for Bible tweet – “egregious and harassing”

Will free speech in Finland prevail? Finnish Member of Parliament Päivi Räsänen is hopeful as the anniversary of her acquittal approaches. The Finnish state prosecutor has continued her censorship campaign against Räsänen as she faces a second trial over her Bible tweet post.

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