The European Union (EU) and the United Kingdom have tightened their grip on online speech for US social media companies and their citizens. This may fuel tension with the Trump administration.
The EU has reportedly considered a $1 billion fine against Elon Musk's social media platform, X. The penalty relates to alleged Digital Services Act (DSA) breaches.
Musk’s X platform accused the EU of attempting to suppress speech. X called the possible fine "an unprecedented act of political censorship."
EU regulators argue that X has not met transparency obligations and has failed to control disinformation and hate speech.
Source: EC
Trump Officials Accuse EU Of Suppressing Dissent
The possible DSA fine against X could undermine frayed relations between the EU and the Trump administration. US officials have criticized the EU for encroaching upon individuals’ rights to free speech.
The administration has accused the EU of suppressing dissent and criminalizing expression. In February at the Munich Security Conference, Vice President JD Vance called the EU regulation on content “authoritarian censorship.”
Trump's decision to impose a 20% tariff on EU goods has raised tensions with the EU.
European officials have expressed willingness to engage in talks. They said the bloc wouldn't hesitate to respond if attempts at reconciliation were to falter.
UK Follows EU with Online Speech Crackdown
Along with the EU, the UK has taken measures to control online speech. The Online Safety Act went into effect on March 17. The UK’s independent communications regulator, Ofcom, can enforce the new rules.
"Platforms must now act quickly to come into compliance with their legal duties, and our codes are designed to help them do that," Suzanne Cater, enforcement director at Ofcom, said. "But, make no mistake, any provider who fails to introduce the necessary protections can expect to face the full force of our enforcement action."
The Online Safety Act 2023 includes a new set of laws to protect children and adults. It imposes a range of new duties on social media companies to reduce illegal activity and remove illegal content.
The act gives Ofcom the power to enforce its new rules on companies that are not based in the UK. Companies must have a significant number of UK users, relevant links with the UK, or pose a risk to the public.
Authorities can fine companies up to £18 million or 10% of their qualifying worldwide revenue. Police can take criminal against senior managers who fail to ensure that their companies follow Ofcom’s information requests.
UK Arrests Parents for Complaints on WhatsApp
The British crackdown is targeting thousands of citizens. The British police arrest more than 30 people a day, or about 12,000 a year, for offensive posts, the Times reported, citing custody data.
Police detained and questioned thousands for sending messages that cause "annoyance", "inconvenience" or "anxiety" to others , the Times reported.
Six British police officers arrested parents in January who complained about their local school on a WhatsApp group. Police held Maxie Allen and Rosalind Levine for eight hours .
The UK is "in the midst of a free speech crisis," British writer Matt Goodwin and American journalist Michael Shellenberger wrote . "Increasingly, millions of Brits feel they cannot say what they really think and challenge the liberal progressive orthodoxy," they said.
EU Enforces DSA with Online Speech Crackdown
In January, the European Commission (EC) started investigating US big tech companies under its Digital Markets Act (DMA). The DSA covers content moderation.
Digital Service Act, source: EC
The DSA first came into force in the EU in November 2022 and became fully applicable in February 2024. The DMA, which imposes antitrust obligations, entered into force on November 1, 2022, and became applicable in May 2023.
Commission Vice President Henna Virkkunen said the two acts were powerful tools to ensure a fair and safe online environment.
The Commission decided to continue investigations into online platforms like X and TikTok to protect democracy on social media. This included fighting foreign interference and biased algorithms.
EU Targets US Platforms in Online Speech Rules
Musk's X isn't the only US tech giant being investigated by the EU. The Commission has opened proceedings against Meta (META).
If a company breaches regulations, the Commission may impose fines up to 6% of its global turnover. It can order it to take measures to address the breach by a deadline set by the Commission.
Meta CEO Mark Zuckerberg said in January that Europe had an ever-increasing number of laws “institutionalizing censorship."
Like the UK, the EU has targeted its citizens as part of its digital crackdown. German authorities carried out raids across Germany in March and interrogated 45 suspects in 11 states for posting misogynistic hate speech on the internet.
US Opposes EU, UK Online Speech Regulations
Mounting EU speech regulations have drawn criticism from the US.
Federal Communications Commission Chairman Brendan Carr called the EU's DSA incompatible with America’s free speech tradition in March. He warned that it could excessively restrict freedom of expression.
“If there is an urge in Europe to engage in protectionist regulations, to give disparate treatment to US technology companies, the Trump administration has been clear that we are going to speak up and defend the interests of U.S. businesses,” Carr said.
Free speech has been a key focus of Trump’s presidency. On his first day in office, Trump signed an executive order “restoring freedom of speech and end censorship.”
The European Commission has pushed back against criticism, saying that the censorship allegations against the DSA are unfounded.
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