US State Department doubles down on criticism of EU’s DSA

The U.S. government continues to pressure the European Union on the Digital Services Act (DSA), with the State Department issuing requests to offices to provide “examples of government efforts to limit freedom of speech.”

The requests reflect the narrative of President Donald Trump’s administration that paints the DSA as a tool for imposing censorship on online platforms. The office has pledged it would not accept regulations that “unfairly target” U.S tech companies, according to a recent State Department internal communications obtained by The Wall Street Journal.

“Obviously, we don’t love the idea of the Europeans censoring their own citizens, but the principal concern is these spillover effects affecting content-moderation policies and a variety of free-speech concerns within the United States,” Darren Beattie, acting undersecretary of state for public diplomacy, told the paper. “And there’s various mechanisms within the DSA that are concerning in that regard.”

The DSA became applicable in 2024, forcing online platforms such as marketplaces, social networks and content-sharing platforms to address illegal and harmful online content and disinformation.

The regulation also includes provisions related to age assurance and protecting minors. Earlier this month, the EU issued an official call for feedback on guidelines to protect minors, including on age assurance that could limit children’s exposure to pornography and other age-inappropriate content.

European lawmakers have defended the law, stating that it doesn’t threaten free speech and is designed to protect Europeans’ basic rights and to help keep children safe online. The regulation only applies in the EU.

The U.S., however, has pledged to “take steps to ensure that American companies are not strong-armed into enforcing a European censorship regime that is harmful to American interests, European interests, and the world,” according to a statement to the Organization for Security and Cooperation in Europe (OSCE) in April.

U.S. tech giants may face even more EU regulation

Mark Zuckerberg and Elon Musk, leaders of social media companies Meta and X, have expressed support for the U.S. government’s moves against DSA. Both companies are facing an investigation by the European Commission. According to the DSA rulebook, very large online platforms (VLOPs), those with over 45 million users in the EU, must comply with the most stringent rules.

However, the two companies could face even tougher regulations in the future, this time coming from Europe’s consumer protection agencies, according to Catalina Goanta is Associate Professor in Law & Technology at the Law School’s Molengraaff Institute.

The European Commission has recently completed its Digital Fairness Fitness Check, designed to modernize the consumer protection framework, and is focusing on formulating the Digital Fairness Act by mid-2026. The Act addresses unethical techniques and commercial practices related to dark patterns, marketing by social media influencers, the addictive design of digital products and online profiling.

“For social media companies, the turning point that they are no longer mere hosts of expression, but providers of goods and services is rapidly approaching […], Goanta writes for Tech Policy Press. “Platforms such as Meta and X better start assembling their consumer law compliance, which is arguably much more of a puzzle than the DSA’s obligations.”

Article Topics

age verification  |  Digital Services Act  |  EU  |  Europe  |  regulation  |  social media  |  U.S. Government  |  United States