September 17 saw Free Speech Ireland join with 50+ European Union-based NGOs to demand that the Digital Services Act (DSA) protects freedom of expression, rather than restricting it.
Their open letter—addressed to Commission President Ursula von der Leyen, Executive Vice-President Henna Virkkunen, and Commissioner Michael McGrath—raises concerns about the potential impact of the DSA on civil society and fundamental principles enshrined in the EU Charter of Fundamental Rights.
Participating NGOs warn that terms such as “illegal content,” “systemic risk,” and “disinformation” are broad and open to interpretation, potentially allowing legitimate expression to be removed or demoted.
The NGOs additionally highlight the limited scope of judicial oversight under the DSA, which could constrain civil society actors’ ability to challenge content moderation decisions.
The letter requests clarification on how free speech concerns will be addressed in the DSA review scheduled for mid-November, the implications of cross-border enforcement under the “country of destination” provisions, and safeguards to protect factually accurate but dissenting content.
Among the signatories are Free Speech Ireland, Digital Justice (Ireland), Alliance for Family (Czech Republic), and Générations Avenir (France), along with numerous other NGOs from across Europe committed to democratic values and civil liberties.
According to Senior Counsel at Alliance Defending Freedom International (ADF International), Adina Portaru
The NGO letter highlights growing concern across Europe over the shrinking democratic space under the Digital Services Act. We welcome the organizations for raising the alarm—it’s essential that any regulation protects fundamental freedoms, including free speech, rather than limiting them under the guise of safety or control.
