For too long, the narrative surrounding online content has been shaped by calls for more regulation, often under the guise of combating “harmful” content. However, as a new, groundbreaking report from the House Judiciary Committee meticulously details, what begins as well-intended policy can quickly devolve into a dangerous, widespread instrument of censorship.
The alarming report explains how the European Union’s Digital Services Act (DSA), ostensibly designed to create a “safer” digital space within Europe, is being used by bureaucrats as a tool to chill legitimate speech and political dissent. NetChoice applauds Chairman Jim Jordan and the full Committee for this critical examination of a concerning trend that threatens a key principle of liberty in the West.
The Committee’s investigation lays bare how European regulators are weaponizing the DSA against free, lawful speech online.
Despite claims that the DSA applies only to Europe and targets only illegal content, the reality is a globe-spanning censorship regime:
- Global Policy Coercion: EU regulators are using the DSA to coerce American social media companies to fundamentally alter their global content moderation policies to align with their demands. This means that rules designed for Brussels are dictating what Americans can see and say in their own feeds.
- Targeting Political Speech: Disturbingly, European censors are using the DSA to suppress core political speech, including humor and satire, that is neither harmful nor illegal by Western standards. This represents a direct assault on the diverse marketplace of ideas essential for a healthy democracy.
- Massive Penalties, Mass Compliance: The DSA’s draconian fines make it difficult for companies to resist the EU’s censorship demands. This financial cudgel compels self-censorship on a global scale.
- “Trusted Flaggers” as Government Proxies: The report highlights how the DSA grants priority to “trusted flaggers”—often government-funded entities that are critical of free speech—to dictate content removal. This creates a backdoor for government-sanctioned censors to bypass due process and accountability.
- One-Sided Censorship: The Committee’s findings expose a concerning pattern where the censorship efforts are largely one-sided, disproportionately targeting political conservatives. This raises serious concerns about viewpoint discrimination and the weaponization of regulation to squash ideological opponents.
These findings serve as a resounding validation of what NetChoice has been warning for years: the government must not be in the business of speech control. Individuals, not bureaucrats, are best equipped to make decisions about their online experience. And crucially, parents, not politicians, are the rightful guides of their child’s digital journey.
Protecting online privacy and keeping children safe are critical endeavors. And there are many helpful ways the government can step in. But legislation that mandates age verification or grants governments sweeping control over lawful content does nothing to advance these goals. Instead, such measures raise significant constitutional and privacy problems while eroding authority from parents. This report underscores that such risks are not confined to domestic legislation but are being actively exported by foreign regulatory frameworks.
Alarmingly, many similar laws are being passed across the U.S., from California and Maryland to Mississippi and Arkansas, and censorship bills are even being considered by Congress. NetChoice is fighting against these initiatives in legislatures and courts. The vague language and broad mandates embedded in these kindred frameworks risk empowering bureaucrats to define “harmful” content, inevitably leading to the suppression of legitimate speech—just like we’re seeing in Europe. These regimes will similarly allow government to strong-arm platforms to censor and/or deny Americans access to legitimate speech without handing over sensitive information, ultimately limiting the online experience for all users, not just minors.
These findings must serve as an urgent wake-up call.
It is imperative that U.S. lawmakers recognize the threat posed by foreign censorship regimes, reject them and take decisive action to protect the fundamental rights of American citizens online. We must safeguard our unparalleled protections for free speech at home and abroad, ensuring that the internet remains a vibrant space for expression and innovation, free from government interference.
NetChoice stands ready to work with policymakers nationwide to champion proposals that truly protect online freedom and digital safety, ensuring that the internet remains a bastion of free expression for all Americans.