Commission President Ursula von der Leyen has sought to reassure stakeholders about the European Union's Digital Services Act (DSA), emphasising a predictable online environment that safeguards fundamental rights such as freedom of expression. The statement, issued in response to a parliamentary question from MEP Miriam Lexmann (EPP), stops short of new policy proposals or rigid quantitative targets, instead clarifying the DSA's existing framework. It underlines that content moderation decisions rest with online platforms, which must provide transparency and offer redress avenues, while the Commission continues investigations into platforms like Meta and has issued risk mitigation guidelines for elections.
The response addresses concerns raised by Lexmann following a U.S. House Judiciary Committee report alleging unexplained content takedowns on TikTok before Slovak elections, including conservative political speech flagged as 'hate speech' or 'disinformation'. This follows a series of recent exchanges in which the Commission has defended its digital policies against similar allegations. On April 15, Executive Vice-President Virkkunen responded emphatically to US allegations of internet censorship, asserting that the EU's digital governance respects free speech and aims at transparency rather than political bias. Days earlier, on April 14, Virkkunen clarified the Commission's role in electoral content oversight, emphasising legal frameworks rather than direct interference, in response to concerns about TikTok's content moderation during Slovakia's 2023 elections.
The Commission's answer reiterates that the DSA does not itself define illegal content or hate speech but leaves that to national or other EU laws, confirming the position outlined by Virkkunen on April 16 regarding the DSA's content moderation approach. That earlier response explained the formal and informal communication channels the Commission employs with very large online platforms (VLOPs) and safeguards to prevent excessive moderation. The current statement also echoes Virkkunen's April 15 commitment to legal accountability for AI-driven racism, stressing that platforms must comply with transparency and moderation rules.
Policy orientation prioritises upholding EU fundamental rights while delegating concrete content legality determinations to national jurisdictions, avoiding extending EU powers into direct content classification. This aligns with the Commission's broader strategy, as seen in the April 10 evaluation of the Audiovisual Media Services Directive (AVMSD) for coherence with the DSA, Digital Markets Act (DMA), and European Media Freedom Act (EMFA). The Commission reaffirms its investigative role rather than stepping into direct enforcement, with institutional follow-ups including performance assessments and legal investigations. Tech platforms bear the major operational burden to comply with transparency and moderation rules, potentially reversing some content decisions through redress mechanisms. National authorities remain pivotal as legal adjudicators for content legality, while political actors and civil society scrutinise moderation practices, balancing fears of over-censorship against protections from disinformation.