DSA Is Not A Censorship Tool: Commissioner Breton Must Clarify Blocking Statement

Access Now and 65 civil society organisations from across the world are demanding clarification on European Commissioner Thierry Breton’s incendiary statements suggesting that arbitrary blocking of online platforms could be enforced and justified under the Digital Services Act (DSA). As it stands, there is no measure within the DSA to interfere with the right to receive and impart information online that isn’t considered a “last resort” measure, and planting a contrary notion is irresponsible and unnecessary. Read the open statement.

“The Digital Services act is not a tool for censorship,” said Eliška Pírková, Global Freedom of Expression Lead at Access Now. “The DSA is designed to uphold the rights of millions of people across Europe, and the mere suggestion that it could, should, or may be used for the opposite is misleading and dangerous. Commissioner Breton should make it clear that arbitrary blocking of online platforms is not justified within the EU.”

Commissioner Breton’s statements were made in response to French President Emmanuel Macron raising the possibility of blocking social media platforms during civil unrest in the country.

States that implement internet shutdowns or blockings during protest are denying people their fundamental rights, while fanning the flames of misinformation. Access Now and the #KeepItOn coalition recorded 62 internet shutdowns during protests in 2022, none of which were in the EU — a statistic that must be upheld.

“Internet shutdowns or blockings are never justified,” said Felicia Anthonio, #KeepItOn Campaign Manager at Access Now. “People across the globe are forced to live through the chaos that is inflicted when communication is denied, access to information is barricaded, and freedom of expression is quashed. There is no space to even float the notion of justified internet shutdowns or social media blockings in Europe.”

Through an open statement, the civil society coalition is seeking clarification on Commissioner Breton’s statements to confirm that the DSA does not provide for the possibility of shutting down online platforms as a sanction for failing to remove “hateful content.” Furthermore, the signatories are calling on the European Commission to ensure that Member State implementation and enforcement of the DSA does not lead to an overly broad interpretation of measures. In particular, France’s draft law to secure and regulate digital space requires browser-based website blocking, which is an unprecedented government censorship tool.

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