European regulators are facing major scrutiny as conversation intensifies over the Digital Services Act (DSA) and its impact on online free speech, both within the EU and abroad. The European Commission’s recent self-assessment, presented as an affirmation of the law’s safeguards, has instead widened divisions among policymakers, civil society groups, and foreign governments. While the Commission repeated its long-held position that the DSA is “content agnostic,” critics across multiple sectors argued that its structure encourages platforms to intervene more aggressively in online content moderation.
The review reiterated the expectation that Very Large Online Platforms and search engines identify and mitigate systemic risks, including disinformation, hate speech, harassment, threats to election integrity, health-related misinformation, and risks to minors. Despite framing these categories as protective measures, many involve lawful expression according to US standards. Washington officials have cautioned that vague definitions could compel companies to eliminate legitimate political or religious perspectives. In public comments, US Ambassador to the EU Andrew Puzder said “no president of either party…” would tolerate foreign restrictions on First Amendment-protected speech.
Civil society organizations raised similar concerns. Groups across Europe contended that the Commission did not fully assess whether the DSA aligns with Article 11 of the EU Charter, which protects freedom of expression. They highlighted concerns about the role of “trusted flaggers,” the wide definition of systemic risk, and the risk of removing legal content too often because of heavy fines. ADF International stated that the review overlooked questions about extraterritorial effects and the possibility that platforms might standardize content rules globally to avoid regulatory conflict.
The Commission also signaled interest in deeper cross-EU coordination, including the idea of a “one-stop-shop” enforcement model. Supporters view this as an efficiency measure, but some academics and industry representatives warned that concentrating regulatory authority could heighten political tensions around digital regulation. An open letter signed by over 100 journalists, lawyers, and scholars urged the EU to revisit aspects of the law and provide more clarity on how it was shaped.
Many stakeholders are pressing for earlier clarification, as the Commission has indicated that it may address broader free-speech questions in a later review cycle.
