Rethink the Digital Services Act, Over 100 Experts Tell Brussels
Signatories of the open letter warn that the EU’s landmark law hands unprecedented power to the Commission and private actors to control online speech.
Signatories of the open letter warn that the EU’s landmark law hands unprecedented power to the Commission and private actors to control online speech.
More than one hundred jurists, academics, journalists, and public figures from across the globe have signed a letter sent to the European Commission on October 9th, calling for a “robust and transparent” review of the Digital Services Act (DSA). Coordinated by the legal advocacy group ADF International, the letter warns that the EU’s flagship online regulation poses serious risks to free expression and legal certainty for both businesses and citizens—inside and beyond Europe.
The 113 signatories—including politicians, professors, lawyers, and journalists—argue that although Brussels promotes the DSA as a tool to “create a safe digital environment,” the law has, in practice, built a “pan-European censorship framework” with vague limits and broad powers that could suppress legitimate democratic debate. The most controversial feature, they say, is the broad definition of “illegal content,” which covers any material deemed noncompliant with EU or national law across the bloc’s 27 member states. This, the experts warn, effectively imports the most restrictive national standard of free speech to the entire Union—and, because of the global nature of major online platforms, could export it worldwide.
The letter also highlights the Court of Justice of the EU’s jurisprudence allowing content removal orders with cross-border effect, potentially leading to global takedowns. “The DSA risks undermining the very fundamental rights it claims to protect,” the letter says.
Another major concern is the delegation of censorship powers to private entities, known as ‘trusted flaggers,’ which the DSA empowers to report potentially illegal content. These organizations, the experts note, operate without transparency or democratic oversight, while platforms face fines of up to 6% of global turnover if they fail to act swiftly on flagged material. The result, they warn, is a system that encourages “censor first, ask later” policies by companies and self-censorship among users.
The letter also accuses the Commission of conducting the ongoing DSA review in opaque conditions. According to the signatories, Brussels has been gathering feedback through undisclosed surveys sent to unnamed stakeholders, without publishing selection criteria or results—a process they say undermines democratic legitimacy. The group calls for a review that includes independent experts in free speech, constitutional law, and digital rights; full disclosure of the participating NGOs and entities; and a rigorous legal assessment of the DSA’s compatibility with the EU Charter of Fundamental Rights, the European Convention on Human Rights, and the International Covenant on Civil and Political Rights.
Among those signing the letter are Kristen Waggoner, president of Alliance Defending Freedom; Paul Coleman, executive director of ADF International; former ACLU president Nadine Strossen; writer and activist Ayaan Hirsi Ali; journalist Michael Shellenberger; and former Yahoo Europe vice president Jean-Marc Potdevin. They are joined by cross-party Members of the European Parliament—including Stephen Bartulica (ECR), Branko Grims (EPP), and Virginie Joron (Patriots), as well as Princeton University scholar Robert P. George.
Concerns are also growing outside Europe. U.S. Ambassador to the EU Andrew Puzder has publicly warned that the DSA could infringe on First Amendment rights, announcing that Washington will submit formal comments during the review. The U.S. House Judiciary Committee has similarly cautioned that the law could effectively restrict American speech, since global platforms often apply uniform content moderation standards across jurisdictions.
ADF International insists that it supports efforts to combat clearly illegal content, such as child exploitation or incitement to terrorism, but argues that the DSA “goes far beyond those legitimate limits” and risks becoming the global template for digital speech control. With a formal review due by November 17, the organization says Brussels faces a crucial test: whether it will defend genuine online safety while preserving freedom of expression—“the cornerstone of every democracy.”
Javier Villamor is a Spanish journalist and analyst. Based in Brussels, he covers NATO and EU affairs at europeanconservative.com. Javier has over 17 years of experience in international politics, defense, and security. He also works as a consultant providing strategic insights into global affairs and geopolitical dynamics.
