The European Commission is grappling with challenges in enforcing the Digital Services Act (DSA), which aims to regulate large online platforms by combating illegal content and misinformation. Influential figures like Elon Musk and Mark Zuckerberg have criticized the DSA, asserting it may lead to censorship. While the Commission can impose significant fines for non-compliance, concerns persist about the effectiveness of these measures, particularly in light of potential political shifts in the U.S. affecting regulatory enforcement.
The European Commission Faces Challenges in Digital Regulation
The European Commission is currently navigating a complex landscape as it faces mounting pressure from influential figures such as Elon Musk, CEO of X, and Mark Zuckerberg, head of Meta. Their criticisms are primarily directed towards the Digital Services Act (DSA), a significant piece of legislation that came into effect on August 25, 2023, targeting very large online platforms and search engines within the European Union. This article explores the key components of the DSA and the legal measures at the disposal of the European Commission for enforcement.
Understanding the Digital Services Act
The Digital Services Act is designed to tackle the spread of illegal content and misinformation on the internet. It introduces a framework of regulations aimed at holding digital platforms accountable for preventing the distribution of harmful or illegal content. Furthermore, these platforms must adhere to transparency obligations concerning content moderation, algorithm operations, and data usage.
Contrary to Mark Zuckerberg’s statements during a recent interview with Joe Rogan, the DSA is not intended to censor users. Instead, it requires platforms to align with existing laws regarding what constitutes illegal content. For instance, in France, it is illegal to disseminate racist or sexist remarks, incite violence, or promote terrorist content, and these laws must be upheld online as well.
Each EU member state designates one or more authorities to ensure adherence to these regulations. In France, this responsibility falls to Arcom. These authorities provide guidance to the European Commission on crucial decisions, while the Commission oversees compliance among large online platforms and search engines, with the authority to impose fines and sanctions for violations of the DSA.
The European Commission is empowered to levy fines of up to 6% of a platform’s global revenue for non-compliance. In cases of serious and repeated infractions, there is even the potential for platforms to be barred from operating within the European market.
As of December 2023, the European Commission has initiated an investigation into the social network X, prompted by concerns about potential algorithm manipulation favoring Musk’s or far-right content. Similarly, in December 2024, TikTok was also scrutinized for allegedly failing to meet regulatory obligations, raising concerns about possible Russian interference in Romania’s canceled presidential election.
While the European Commission has a set of tools to regulate digital platforms, some legislators express concern that a change in U.S. leadership, particularly with Donald Trump potentially returning to the presidency, might create hesitation in Brussels regarding the enforcement of these regulations. The muted response from European Commission President Ursula von der Leyen has drawn criticism from various European leaders; however, some experts, like Alexandre de Streel, interpret this silence as a strategic caution just ahead of Trump’s inauguration.
Digital law expert Etienne Drouard articulated concerns regarding the efficacy of sanctions that may take years to implement, arguing that such delayed responses would not effectively prevent election manipulation or protect minors from exposure to violence. “It will be challenging to achieve meaningful outcomes through sanctions, even if they reach hundreds of millions of euros,” he stated in an interview with Atlantico.