Schweizer Monat: Big Tech as State Censorship Agent

By Lukas Leuzinger European countries are passing more and more laws to prevent “hate speech” on the Internet. The Network Enforcement Act (NetzDG), introduced in Germany in 2017, forces social media platforms to delete “obviously illegal” content within 24 hours; violations can result in fines of up to 50 million euros. In 2022, the EU passed the Digital […]

Reason: Report: E.U. Censorship Laws Mostly Suppress Legal Speech

By J.D. Tuccille Among those who think the United States is an unseemly cesspool of unrestrained opinions voiced by those people, Europe is often touted as an alternative for speech regulation. European Union law, following in the footsteps of national legislation, imposes enforceable duties on private platforms to purge “hate speech” and “disinformation”—or else. But free speech […]

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 […]

Reason: Should Free Speech Pessimists Look to Europe?

By Jacob Mchangama Free speech pessimism is on the rise among America’s elites. “Free Speech Is Killing Us,” read a 2019 op-ed in The New York Times. Recently, an article in The New York Times Magazine concluded, “It’s time to ask whether the American way of protecting free speech is actually keeping us free.” George Washington University Law […]

Tech Policy Press: Digital Services Act Roundup: February – March 2024

By Jordi Calvet-Bademunt Overview: The Digital Services Act (DSA), Europe’s online safety rulebook, finally became applicable to all companies on February 17, 2024. Until then, it only applied to the so-called very large online platforms (VLOPs) and very large online search engines (VLOSEs). February 17th was also the date EU Member States were required to designate […]

Persuasion: How to Fight Misinformation Without Censorship

By Jacob Mchangama 2024 is a pivotal year for the future of global democracy, as some two billion—about half the adult population of the globe—will have the chance to vote. Even though more people will cast a ballot in 2024 than any previous year, the prevailing mood seems more fearful than celebratory. In the words of […]

WSJ: J.K. Rowling Is Right to Protest Hate-Speech Laws

By Jacob Mchangama Should J.K. Rowling face criminal charges for misgendering someone on social media? In March, transgender British TV personality India Willoughby reported the “Harry Potter” author to the police for posting that “India didn’t become a woman. India is cosplaying a misogynistic male fantasy of what a woman is.” Willoughby was about a month […]