This is the culmination of a process that began at least a decade ago.
One of the most important (albeit least reported) developments of 2023 was the launch of the European Union’s Digital Services Act (DSA), which came into full effect in late August and which we covered in the article, The EU’s Mass Censorship Regime Is Almost Fully Operational. Will It Go Global? The goal of the DSA is to combat — i.e., suppress — mis- and disinformation online, not just in Europe but potentially across the world, and is part of a broader trend of Western governments actively pushing to censor information on the Internet as they gradually lose control over key narrative threads.
Here’s how it works: so-called Very Large Online Platforms (VLOPs) and Search Engines (VLSEs) — those with more than 45 million active monthly users in the EU — are required to censor content hosted on their platforms deemed to be illegal by removing it, blocking it, or providing certain information to the authorities concerned. Platforms are also required to tackle hate speech, dis- or misinformation if it is deemed to have “actual or foreseeable negative effects on civic discourse and electoral processes, and public security” and/or “actual or foreseeable negative effects in relation to gender-based violence, the protection of public health and minors and serious negative consequences to the person’s physical and mental well-being.”
Besides take-downs and outright suspensions, other familiar tools at the disposal of tech platforms include de-monetisation, content demotion, shadow-banning and account visibility filtering. The European Commission has primary, but not exclusive, regulatory responsibility for VLOPs and VLOSEs. The same requirements now also apply to all other online service providers, though responsibility for execution and enforcement lies not with the Commission but national authorities.
Staying Mum
So far, the platforms, including even Elon Musk’s X, appear to be adhering to the EU’s rules on disinformation. If they weren’t, they could face serious economic consequences, including fines of up to 6% of global turnover, as well as the looming threat of warrantless inspections of company premises. The X platform (formerly known as Twitter) may have left the EU’s voluntary code of practice last summer and in December was hit with a probe over disinformation related to Hamas’s October 7 attack, but its actions — or rather lack of actions — since then suggest it is indeed complying with the rules.
As Robert Kogon reports for Brownstone Institute, (granted, not the most popular source of information on NC, but this is another solid, well researched piece by Kogon on a topic virtually no one else is talking about), “while Musk and the Twitter Files are so verbose about alleged ‘US government censorship,’” they “have remained suitably mum about EU censorship demands”:
[I]t is strictly impossible that Twitter has not had and is not continuing to have contact – indeed extensive and regular contact – with EU officials about censoring content and accounts that the European Commission deems “mis-” or “disinformation.” But we have heard absolutely nothing about this in the “Twitter Files.”
Why? The answer is: because EU censorship really is government censorship, i.e. censorship that Twitter is required to carry out on pain of sanction. This is the difference between the EU censorship and what Elon Musk himself has denounced as “US government censorship.” The latter has amounted to nudges and requests, but was never obligatory and could never be obligatory, thanks to the First Amendment and the fact that there has never been any enforcement mechanism. Any law creating such an enforcement mechanism would be obviously unconstitutional. Hence, Twitter could always simply say no…
Far from any sign of defiance of the Code and the DSA, what we get from Elon Musk is repeated pledges of fealty: like the below tweet that he posted after meeting with EU Internal Market Commissioner Thierry Breton in January. (For an earlier such pledge in the form of a joint video message with Breton, see here.)
Now, the European Commission has its sights set on the EU’s parliamentary elections, to be held in June. “Integrity of election[s] is one of my top priorities for DSA enforcement, as we are entering a period of elections in Europe,” Breton the Enforcer told Politico last September.
Elections in Slovakia in September were supposed to offer a dummy run, but the results were underwhelming, at least as far as the Commission was concerned. The left-wing populist and social conservative party, Direction–Social Democracy (Smer-SD), led by former Prime Minister Robert Fico, took the largest number of votes and was able to form a coalition government with like-minded parties. Fico had promised to cut all aid to Ukraine, which he says is governed by neo-Nazis, as well as block its ascension to NATO.
The Commission is determined to up its game, however…
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Nick Corbishley 