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Your speech is being censored behind closed doors by the European Commission. Now, when I say “your,” I don’t just mean citizens of the European Union; I mean citizens across the world. Anyone who is using a social media platform such as YouTube, Facebook, or X is subject to censorship by the European Commission.
Now, what does this mean exactly? We’re not talking about the old, traditional type of censorship, where the censor lays out certain rules and says that if you criticize the Catholic Church, you’ll be censored, or if you criticize my regime, you will be censored. No, this is a much more subtle kind of censorship that is opaque to the majority of citizens. Most citizens will probably never be aware that they’re being censored using this method.
How it works is that, under the Digital Services Act, the European Commission can have private meetings with the heads of Big Tech platforms, with their managers and their content moderation managers, and they can indicate to them what sorts of “systemic risks” need to be managed or “mitigated.” They can also give them guidelines about how this should be done.
Let’s take some examples: A “systemic risk” could be “disinformation” or “misinformation.” It could be “public health misinformation.” It could be “hate speech” or “discriminatory” speech. It could be a potential harm to “civic discourse,” or something that might undermine public trust or trust in our public institutions.
Now, if you take any of these risks, they’re clearly very vaguely defined. They are readily susceptible to a political interpretation or a self-serving interpretation. They’re not well-defined legal categories. And it’s not the Commission itself that is going to be doing the censoring directly. The European Commission will be “guiding” the Big Tech platforms as they do the dirty work for the Commission.
And how will they be “guiding” them? They’ll be convening meetings with them, often in private, to review some of these risks and to indicate some of their “concerns.”
Fortunately, we have a U.S. House Judiciary report coming out of the U.S. House of Congress this February which reviews a lot of evidence showing quite conclusively that there is very close communication between Big Tech platforms and the European Commission in regard to censorship. Much of this is going on behind closed doors.
Some of that communication between Big Tech and the European Commission has now come to light through the work of the Republican House Judiciary Committee. We now know from the House Judiciary reports that TikTok censored or removed a substantial amount of content on its platform that supposedly constituted “misinformation” on issues such as climate change, migration, LGBTQ rights, and security.
Clearly, this is political content. This is lawful political speech that is being censored under the auspices of the Digital Services Act and under the supervision of the European Commission.
It’s not done through public and transparent rules. It’s done through discretionary judgments made by the Commission and by Big Tech officials that are completely opaque to the average citizen.
But if there’s one thing we can be pretty certain of, it’s that those judgments will track the politics of the European Commission—the ideological proclivities of the European Commission.
Compliance with the European Commission’s wishes is certainly not optional, because there is a very hefty fine associated with non-compliance: a fine of up to 6% of global annual turnover for these companies. We’re talking about hundreds of millions of euros or dollars that these companies will have to pay if they’re found to be non-compliant with the Digital Services Act, which in practice means non-compliant with the wishes of the Commission—its guidelines and its suggestions for how to mitigate these risks.
Why does this apply to the whole world and not just to the European Union? Basically, it’s because it would be a logistical nightmare for social media companies to have to implement different censorship rules for every region, or to have a special European Union regime.
So, in practice, we’re seeing that this censorship is occurring not only in the European Union but in the United States as well, because the platforms have uniform community guidelines, and it would be extremely costly for them to tailor those guidelines to every region separately.
So everyone should be concerned. Anyone who cares about free speech should be deeply concerned about this opaque way in which the European Commission is now censoring our speech. Much of this has only come to light because of information that was subpoenaed by the House Judiciary Committee.
We should not depend on a U.S. House Judiciary Committee to discover whether or not the European Commission is censoring our speech. That should be on record. It should be transparent. It should be public information.
But instead, it’s all done behind closed doors. This is the direction we’re going with the Digital Services Act.
If you’re a European citizen and you care about freedom of expression, then my advice to you is to vote accordingly. Vote for candidates, both at the national and the European level, who are going to fight for your right to speak in public without being censored. Vote for candidates who are going to expose the censorious conduct of the European Commission and the ugly underbelly of the Digital Services Act.
The Digital Services Act is now in place. It’s been voted on. It’s in operation. All we can do is draw attention to how nefarious this act is and how much discretion it gives to the European Commission to censor public speech behind closed doors.
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