FOR IMMEDIATE RELEASE
NASHVILLE, Tenn. August 21, 2024 — Today, The Future of Free Speech, TechFreedom, Institute H21, and 15 other signatories issued an open letter to Thierry Breton, European Commissioner for the Internal Market, raising serious concerns about the potential misuse of the Digital Services Act (DSA) to curtail freedom of expression in the European Union and beyond.
The letter responds to Commissioner Breton’s recent public communication addressed to Elon Musk, which the signatories contend “reflects an alarming disregard for freedom of expression.” The letter also highlights a particularly concerning instance where Commissioner Breton warned an online platform that streaming an interview with a U.S. presidential candidate might conflict with the DSA. The signatories argue that this approach is more characteristic of an autocracy than a democracy and reflects a disregard for the principles of free speech that the DSA is designed to uphold.
Jordi Calvet-Bademunt, Senior Research Fellow at The Future of Free Speech, emphasized the need for the DSA to be implemented lawfully and in accordance to its own provisions protecting free speech. “Any attempt to weaponize the DSA against legitimate discourse and political speech poses a serious risk, not only in Europe but around the world,” he stated. “While this law aims to create a safer online environment, it is crucial that we do not compromise our fundamental rights in the process.”
The letter also expresses grave concerns about the use of vague terms such as “harmful content,” warning that such language could be exploited to justify unwarranted censorship. Berin Szóka, President of TechFreedom, added, “EU bureaucrats should not overstep their legal authority to twist the language of the DSA to silence unpopular speech under the guise of protecting public order. The freedom to debate, criticize, and express dissent, even when the content may be uncomfortable or contentious, must be protected.”
Adam Ruzicka, Director at Institute H21, echoed these concerns, noting, “The DSA’s potential to infringe upon democratic freedoms is alarming. If we allow vague definitions of ‘harmful content’ to dictate what can and cannot be said, we risk eroding the very foundations of free and open societies. The global repercussions of such a trend could be catastrophic for democracy.”
The letter’s signatories call on Commissioner Breton to ensure that the DSA’s enforcement does not inadvertently stifle the very freedoms it is meant to safeguard. They urge European and global authorities to uphold robust protections for free expression, particularly in the digital age, where the boundaries of speech are increasingly contested.
The full text of the open letter can be read here. (PDF)
About The Future of Free Speech
The Future of Free Speech is an independent, nonpartisan think tank located at Vanderbilt University, working to restore a resilient global culture of free speech in the digital age through knowledge, research, and advocacy. To learn more, visit www.futurefreespeech.org and follow on Facebook, X, and LinkedIn.
About TechFreedom
TechFreedom is a non-profit, non-partisan technology think tank launched in 2011. TechFreedom is excited about the future. Focusing on issues of Internet freedom and technological progress, it works to protect innovation and discovery from powers that fear change. Technology is the great driver of social progress and human well-being, and TechFreedom aims to keep it that way. To learn more, visit www.techfreedom.org and follow on Facebook, X, and LinkedIn.
About Institute H21
Institute H21 is a Prague-based think tank dedicated to research and civic advocacy with a particular focus on electoral systems and free expression – the two core mechanisms of democratic feedback and self-governance. By integrating insights from political and cognitive sciences, the organization takes an interdisciplinary approach to address complex challenges that humanity faces in the 21st century. To learn more, visit www.ih21.org and follow on Facebook, X, and Linkedin.
