The United States has launched a diplomatic campaign urging European Union member states to amend or repeal the Digital Services Act (DSA), escalating a disagreement over the scope of online regulation. According to a diplomatic cable obtained by Reuters, US Secretary of State Marco Rubio directed embassies across Europe to lobby against the law, stating that it places “undue” limits on free expression and imposes costly compliance demands on American tech companies.
The DSA, which came into effect earlier this year, forms part of the EU’s initiative to tighten oversight of digital platforms. It requires large technology firms to remove illegal online content, including hate speech, misinformation, and child abuse material.
However, Washington is pressing for changes. The US’s position is that the DSA’s definition of illegal content” is overly broad and could restrict political or religious expression. It also wants the EU to review penalties for non-compliance, limit the powers of “trusted flaggers” who can directly flag harmful materials to platforms, and reconsider the Code of Practice on Disinformation, which it views as enabling excessive content moderation.
Rubio’s directive, dated August 4, instructs diplomats to track incidents where Washington has concerns about censorship, including arrests, court cases, or online suspensions involving US citizens or companies. While the State Department has not commented publicly, major US firms such as Meta and X (formerly known as Twitter) have expressed concerns that the DSA risks stifling legitimate speech. The provisions of the legislation also impact other major players, such as Alphabet, the owner of Google, and Amazon.
The disagreement arises during a broader policy clash, in which the US Federal Communications Commission warned in March that the DSA conflicted with America’s First Amendment traditions. Vice President JD Vance has previously alleged that EU regulations suppress right-wing political parties.
The dispute mirrors debates around other EU tech policies, such as the proposed Chat Control Bill aimed at scanning private messages for illegal material, legislation that has also drawn criticism over its potential impact on privacy and encryption.
Jim Jordan (R-OH), Chairman of the US House Judiciary Committee, recently guided a bipartisan delegation of committee members on a trip to Brussels, Belgium; London, UK; and Dublin, Ireland. Their meetings included officials from the EU and UK governments, representatives from American businesses, free speech advocates, and various other interested parties.
“Nothing we heard in Europe eased our concerns about the Digital Services Act, Digital Markets Act, or Online Safety Act,” said Chairman Jim Jordan. “These sweeping regulations create a serious chilling effect on free expression and threaten the First Amendment rights of American citizens and companies. We absolutely need to protect children and keep harmful, illegal content off these platforms—but when governments or bureaucracies suppress speech in the name of safety or regulation, it sets a dangerous precedent that threatens the core of Western democratic values.”
