EU tech clampdown: Global reach or free speech risk?

Europe’s Digital Crossroads: The DSA’s Global Reach and the Future of Free Speech

The Web Summit Lisbon 2025 session, moderated by journalist Marta Dhanis, explored the European Union’s Digital Services Act (DSA). This new law aims to protect users, ensure fair markets, and foster innovation. The discussion questioned whether these rules truly safeguard citizens or risk tightening control, particularly concerning responses from major tech platforms.

MEP Michael McNamara of The European Parliament outlined the EU’s goals: protection, competition, and global regulatory leadership. He noted the DSA’s shift from illegal content to misinformation, which he found problematic due to its vague definition and the challenge of balancing free expression with content removal. He also voiced concerns about proposed GDPR rollbacks.

Mr. McNamara suggested the unamended DSA, alongside GDPR changes, might prioritize content control, a direction he deemed “worrying.” He questioned the balance between innovation and regulation, noting that while regulation is often blamed for stifling European tech growth, underlying issues like capital markets union remain unaddressed.

Dr. Adina Portaru, Senior Counsel for Europe at ADF International, warned the DSA could “chill lawful expression” due to its broad definition of “illegal content” in Article 3H. This definition, encompassing any EU or member state law, could lead to a “lowest common denominator of censorship,” potentially triggering worldwide content takedowns based on restrictive national laws.

Dr. Portaru cited Germany’s law against insulting politicians as an example, where such content could be deemed illegal globally. She highlighted the DSA’s wide impact on creators and platforms. For the upcoming review, Dr. Portaru advocated narrowing the definition of illegal content to universally accepted categories like terrorism and human trafficking.

Ms. Anna Zizola, EU Public Policy Affairs Lead at X, emphasized X’s commitment to free speech and innovation, showcasing its evolution into a video-first platform with AI features. While Europe is crucial, Ms. Zizola expressed concern that the volume and occasional contradictions of new EU legislative proposals create significant operational friction for businesses.

Ms. Zizola acknowledged efforts to simplify GDPR and AI Act overlaps but urged more action to boost Europe’s competitiveness. She criticized the DSA’s enforcement, citing tight deadlines challenging for smaller platforms and a perceived “politicization” that sometimes targets US platforms. She stressed that enforcement should be based on clear, solid evidence.

MEP McNamara reiterated his concern about potential over-moderation, noting that vague laws can be exploited by future governments. He referenced a rejected Irish hate speech law, illustrating how broad national legislation could have wide-ranging implications across the EU under the DSA, and underscored the importance of defending free expression.

Dr. Portaru agreed, highlighting the potential for misuse through the DSA’s complex network of flaggers and national coordinators. She mentioned current cases in Germany where businesses use the DSA to remove negative reviews or suspend accounts of feminists and political dissenters. She stressed that limitations on fundamental rights must be precisely defined and foreseeable.

The panel discussed the DSA’s global influence. MEP McNamara was skeptical of the DSA becoming a global template, unlike GDPR, especially given perceived efforts to undermine GDPR. Dr. Portaru concluded that the DSA acts as both a “digital curtain” and an “expanding regulatory model,” as the EU actively promotes its export. She urged the European Commission to prioritize free speech safeguards if the DSA is to be a global standard.