Tech Policy Press: DSA Showdown: Unpacking the EU’s Preliminary Findings Against X

By Jordi Calvet-Bademunt  Last Friday, the European Commission shared with X its preliminary view that it is breaching the Digital Services Act (DSA), Europe’s online safety rulebook. Following the announcement, some media were quick to say that the Commission had charged “Elon Musk’s X for letting disinfo run wild.” In a conspiratorial tone, Elon Musk […]

Verfassungsblog: Prison for Fake News

By Natalie Alkiviadou A Proposal to Criminalize Fake News in Cyprus In Cyprus, a new legislative proposal introduces a prison sentence of up to five years on those spreading fake news. I argue that criminally punishing fake news is absolutely horrifying for free speech, for media pluralism, and for democracy. Criminalizing fake news is, to say […]

Lawfare: In NetChoice Cases, SCOTUS Reaffirms Limits to Government Intervention With Online Speech

By Jeff Kosseff Though the opinion is likely not the final word on the Texas and Florida laws, it’s an important statement that the Court will not set different rules for online and offline speech. Although the Supreme Court’s opinion in Moody v. NetChoice and NetChoice v. Paxton reserved final judgment on state laws that restrict online content moderation, the […]

Tech Policy Press: Most Comments Deleted From Social Media Platforms in Germany, France, and Sweden Were Legal Speech — Why That Should Raise Concerns for Free Expression Online

By Jacob Mchangama  In the age of ubiquitous social media, the power to shape public discourse lies in the hands of a few digital giants. Yet, recent European regulations intended to curb “torrents of hate” online could be stifling free expression. As policymakers tout these measures as necessary for a safer internet, a critical question […]

Media Laws: Will the EMFA Improve Freedom of Expression, Media Pluralism, and Media Independence in Europe?

By Joan Barata  1. Introduction The recent adoption of the European Media Freedom Act (EMFA)[1] has been presented by European institutions as an important step forward in the effective protection of freedom of the media in the continent. The European Commission considers this Regulation as a culmination of some sort within a series of measures to […]

Tech Policy Press: Digital Services Act Roundup: April – May 2024

By Jordi Calvet-Bademunt Overview: In April and May, the European Commission opened three formal proceedings involving very large online platforms (VLOPs), two against Meta and one against TikTok. Also, starting in April, Pornhub, Stripchat, and XVideos began complying with the Digital Services Act’s (DSA) VLOP rules after being designated in December 2023. Moreover, Shein, an online […]

Tech Policy Press: The Digital Services Act Meets the AI Act

By Jordi Calvet-Bademunt and Joan Barata This piece is part of a series that marks the first 100 days since the full implementation of Europe’s Digital Services Act. You can read more items in the series here. The adoption of the Digital Services Act (DSA) represented a major development within the context of the EU and beyond. Based […]

Human Rights Here: Article 17 of the ECHR and the Run-Down to Lenis v Greece

By Natalie Alkiviadou Introduction Article 17 of the European Convention on Human Rights (ECHR), commonly referred to as the ‘abuse clause,’ provides that: “Nothing in [the] Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the […]

The Daily Beast: PEN America Is Right to Stay Out of Gaza War Activism

By Jacob Mchangama In January 2015, Islamic terrorists murdered 12 people at the French satirical magazine Charlie Hebdo for depicting the Prophet Muhammad. When PEN America honored the magazine with its Freedom of Expression Courage Award that same year, the organization received backlash from prominent members. Then-PEN president Andrew Solomon stood by the decision, saying that the controversy was a reminder that […]

Tech Policy Press: Generative AI Developers Should Commit to Free Speech and Access to Information

By Jordi Calvet-Bademunt “When we started this work, we were curious. Now, we have real concerns.” The CEO of the Competition & Markets Authority (CMA), the British antitrust regulator, was referring to the competition risks her team has identified in the foundation models industry. Foundation models are a type of generative AI. Popular models include OpenAI’s GPT-4 and Google’s […]