Today, the House Judiciary Committee released its report titled “The Foreign Censorship Threat,” warning of the EU’s gradual regulatory creep increasingly attempting to dictate what is said on American social media platforms. The report singles out the Digital Services Act (DSA). Passed in 2022, Brussels has used every opportunity to expand the powers of the DSA. Now, the DSA goes far beyond its original mandate of combatting “harmful content” online, presenting a growing threat to free speech in the U.S. and Europe.
The DSA was born from the chaos of the 2016 U.S. and 2017 French elections. Mounting concerns over foreign interference in the electoral process led European leaders to demand action against misinformation online. European regulators took this opportunity to subtly lay the groundwork for a new censorship regime.
Through the DSA, Brussels can pressure American tech companies to remove content from their platforms deemed “misinformation” or “hate speech,” regardless of the content’s actual legality. What Brussels considers hateful is anyone’s guess, as the act fails to provide a legal definition—relying instead on a set of “trusted flaggers” to determine what’s allowed.
To avoid repercussions, tech companies are required to significantly increase moderation efforts. This comes at a high cost, which is only increased by a mandatory “advisory fee” to fund the European Commission’s enforcement. To date, the EU has charged American tech companies $68.27 million in advisory fees, while maintaining compliance is estimated to cost the top five American tech companies $1 billion annually.
Despite American companies stomaching these extortionary charges, even a compliant company can be hit with steep fines. Apple, Meta, Google, and Amazon have all faced some form of investigation through the DSA, while X (formerly Twitter) is expected to face a $1 billion fine for its refusal to integrate a requirement for independent fact-checking, instead opting for community moderation through its “Community Notes.”
Brussels’ targeting of American companies despite their efforts to comply makes its intentions clear: the DSA is a tool to undermine free speech and any company that refuses to comply will be punished.
What’s worse: the EU’s targeting of free speech doesn’t end in Europe. Brussels expects its content moderation requirements to be baked into worldwide terms of service, expecting American tech companies not only to suppress speech in Europe, but also to apply its rules to foreign jurisdictions.
The Digital Service Act is a clear case of regulatory overreach, preying off misinformation fears to push sweeping digital legislation that restricts freedom of speech using arbitrary and politically motivated definitions.
The Judiciary Committee’s decision to target the DSA is not only necessary to protect American businesses—it is essential to protect our freedom of speech. The Committee’s actions fall in line with President Trump’s pushback against Brussels’ discriminatory treatment of American companies. To address such discrimination, it is critical that Trump and Congress maintain pressure, give no legitimacy to these policies, and recognize the act for what it is: a censorship fueled power grab.
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Author: Caden Hubbs
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