Ep.114: High Noon for the Digital Services Act

Musk, Zuckerberg and Vance have stomped into the EU's canteen, overturned the tables, smashed the glasses, and drawn their pistols. They are scanning a crowd of bewildered Eurocrats and asking menacingly: who really wants a fight over what belongs online? It wasn't meant to be this way. Three years ago the EU agreed a landmark law, the Digital Services Act, or DSA. Hopes were high that hate speech, content that harms minors — as well as fake news and weaponised social media — could be reined in. The biggest platforms would be fined up to 6 percent of global annual turnover if they failed to deal with issues like election interference that amount to a systemic risk. Since then the transatlantic far right has stepped up a campaign to discredit the EU's rules, and often in fanatical terms. Under this new form of McCarthyism, any impediment to online expression is branded as a form of censorship. That is patently absurd. Bans on speech linked to the Nazi period have been in place in parts of Europe for decades. But concerns are growing that the European Commission's ongoing cases against X and Meta under the DSA could become bargaining chips or even get traded away to ease standoffs with the Trump administration. Already the Commission is reportedly lowballing digital markets fines against Silicon Valley giants and talking about simplifying its range of digital regulations — including the DSA. That looks like complying in advance with US intimidation. On the other hand, the Commission could use the Trump administration's bullying tactics to invoke another law — the so-called Anti-Coercion Instrument. That could restrict aspects of Musk's businesses as well as the services of some US digital companies — and it would amount to a more muscular response. In this episode: two prominent MEPs urge the European Commission to hold firm on enforcement of the DSA after their mission to Washington, where they met MAGA hardliners like Congressman Jim Jordan and where they witnessed the kind shocking disdain for Europe echoed most recently in Signal messages shared with The Atlantic. "Everything we are doing in EU is seen as an attempt to be anti-American," says Christel Schaldemose, the Danish social democrat who is a vice president of the European Parliament and an architect of DSA. "That was very, very scary." Christel also is a coordinator on plans to combat foreign influence with a so-called Democracy Shield, which she suggested could allow for suspension of social media in the run up to elections. Sandro Gozi, the Italian liberal who is a former member of French and Italian governments, says the EU must show it has the nerve to impose its laws in the face of U.S. coercion. Sandro says lawmakers would never agree to sacrifice the DSA, which he characterises as "non-negotiable," in exchange for lower tariffs. Sandro also excoriates Italian Prime Minister Giorgia Meloni and her party for retreating from previous enthusiasm for Ukraine — and for the DSA.

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