EFF, Access Now, and Article 19's letter to EU Commissioner Thierry Breton emphasizes the urgent need for clarity on 'systemic risks' in the Digital Services Act (DSA). The organizations caution against an overreach of EU authority that could threaten freedom of expression under the guise of mitigating risks, especially highlighted by Breton's reference to a specific event involving Trump and Musk. This raises alarms over potential censorship and misapplication of DSA's intended protections.
Breton's letter urges compliance with the DSA in light of far-right riots and the live-streamed event involving Trump and Musk. However, critics suggest that this brings the DSA perilously close to becoming an instrument for global censorship, which could severely undermine fundamental rights. The risk lies not only in how the DSA is enforced but in the manner that it could generalize actions against specific speech deemed problematic by regulators.
The emphatic requirement for Very Large Online Platforms (VLOPs) to evaluate 'systemic risks' linked to their services denotes a shift in monitoring practices, which ideally should focus on societal risks within the EU. Critics are concerned that the current approach risks encouraging Big Tech to self-censor, navigating around legal but concerning content. This undermines the balance that the DSA aimed to achieve between regulating harmful content and protecting individual rights.
The Digital Services Act was intended to balance addressing online risks while steering clear of becoming an avenue for widespread censorship. By calling for 'reasonable, proportionate and effective mitigation measures,' the DSA should protect against genuine threats without descending into the realm of policing free speech. Ongoing dialogues between tech platforms and EU regulators must underscore this critical balance, with safeguards that prioritize individual rights above overarching censorship concerns.
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