Internet Becomes Less Free as EU Adopts New Content Crackdown Rules

The internet has become less free in Europe as parts of a new law took effect on Friday in the European Union (EU) that require large online platforms to take down content that bureaucrats in the bloc deem to be “disinformation” or “hate speech.”
Internet Becomes Less Free as EU Adopts New Content Crackdown Rules
European Commissioner for the Internal Market Thierry Breton communicates on the EU’s 5G plan, in Brussels, Belgium, on Jan. 29, 2020. (Alexandros Michailidis/Shutterstock)
Tom Ozimek
8/25/2023
Updated:
8/27/2023
0:00

The internet has become less free in Europe as parts of a new law took effect on Aug. 25 in the European Union (EU) that require large online platforms to take down content that bureaucrats in the bloc deem to be “disinformation” or “hate speech.”

New rules in the sweeping Digital Services Act (DSA), which is being adopted in phases impose strict requirements on Big Tech companies regarding user privacy, transparency—and content.

A host of internet giants—including Meta (which owns Facebook) and Alphabet (the parent company of Google)—now face new obligations in the 27 countries that make up the EU, including banning certain user-targeting practices and preventing “harmful” content from spreading.

The EU’s top tech enforcer, industry commissioner Thierry Breton, warned in a post on X, formerly known as Twitter, that the bloc will take policing compliance with the new rules seriously.

“My services and I will thoroughly enforce the DSA, and fully use our new powers to investigate and sanction platforms where warranted,” Mr. Breton stated.

“Complying with the DSA is not a punishment. It is an opportunity for platforms to reinforce their trustworthiness.”

Offenders found to be in breach of the DSA could face a whopping fine of up to 6 percent of their global turnover. Companies that break the rules repeatedly could be banned from doing business in the EU entirely.

Mr. Breton’s post was met with mostly critical reactions online.

‘“Compliance isn’t punishment, it’s opportunity.’ That doesn’t sound tyrannical at all. Sounds like a normal sentence that someone who loves freedom would say,” one user wrote, poking fun at Mr. Breton’s apparent doublespeak.

Mr. Breton warned in a video on X that he will be “very, very rigorous” about enforcement.

“The DSA is here, here to protect free speech against arbitrary decisions and, at the same time, to protect our citizens and democracies against illegal content,” he wrote.

“My services and I will now be very, very rigorous to check that systemic platforms comply with the DSA. We will be investigating and sanctioning them, if not the case.”

‘We Don’t Need the Return of Fascism’

In this phase of implementation, the new DSA rules apply to 19 “very large” digital platforms (such as social media networks, websites, and online retailers) with at least 45 million active users in the EU.

The 19 platforms that fall under the umbrella of the new rules are: Alibaba AliExpress, Amazon Store, Apple AppStore, Bing, Booking.com, Facebook, Instagram, Google Maps, Google Play, Google Search, Google Shopping, LinkedIn, Pinterest, Snapchat, TikTok, X, Wikipedia, YouTube, and Zalando.

While none of the designated companies has said it will disobey the new rules, Amazon and Zalando have argued that they shouldn’t be included on the list. Both companies have filed legal challenges, which are pending.

“These systemic platforms play a very, very important role in our daily life, and it is really the time now for Europe, for us, to set our own rules,” Mr. Breton said in a separate post on X. “A safer Internet for everyone.”

Michel Jean-Dominique, a Swiss anthropologist and free speech advocate, took a dim view of Mr. Breton’s remarks.

“We don’t need the return of fascism abusively imposed by unelected crooks,” he wrote in reply.

A likely big question on the minds of Brussels bureaucrats is whether X will comply with the new rules.

X was among five social media platforms that carried out a “stress test” a few months ago to check compliance with the new rules. After the results came back, EU officials expressed disappointment that the Elon Musk-owned platform lagged behind the others and didn’t seem to be taking the bloc’s fight against “disinformation” all that seriously.

Not long after Mr. Musk bought Twitter in October 2022, Mr. Breton warned him that the platform needed to comply with the rules or face getting kicked out of the EU.

On Aug. 25, Mr. Musk posted a message on X that said his company was “working hard” to comply with the new rules.

The DSA will apply to all digital services starting in February 2024.

‘Safe Space’

The new rules force tech companies to police content more stringently in order to protect European users against what the DSA labels as “disinformation” and “hate speech.”

The DSA also requires that the firms be more transparent about their algorithms and how ads target users. Users will gain insights into recommendation algorithms and get the right to opt-out, while reporting illegal content will be made easier.

There are stricter safeguards for minors involving system redesigns, privacy, and mental health risk assessments.

Child-focused profiling in ads is banned, and platforms must address content risks, enforce terms, and expedite user reports.

Under the rules, the 19 very large platforms will fund a permanent European Commission (EC) taskforce on disinformation of about 230 staffers who will be arbiters of what counts as approved content.

The platforms will have to publish annual risk assessments while pledging to remove offending content.

In the words of EC President Ursula von der Leyen, the aim of the DSA is to “ensure that the online environment remains a safe space.”