U.S. and Europe clash over free speech as trade talk finale looms

The U.S. State Department has intensified its months-long campaign against the European Union’s Digital Services Act (DSA), drawing sharp reactions from European officials just days before a crucial trade deadline between the two sides.

In its latest remarks on Tuesday, the State Department accused the European Commission of an “Orwellian” approach to free speech, invoking imagery from George Orwell’s dystopian novel 1984 to describe what it sees as EU overreach in online content moderation.

This is the latest development in Washington’s campaign targeting the EU’s flagship tech law. The push began in February when Vice President JD Vance referred to European officials as “commissars” during a speech in Munich. Since then, the Department of State has disseminated targeted social media posts criticising the DSA, asserting it suppresses dissent under the guise of regulating digital platforms.

The campaign comes at a delicate time. The EU has just nine days to finalise a trade deal with the U.S. or face new tariffs, including increased levies on steel. EU diplomats have warned that deepening disputes over digital regulation could jeopardise the broader trade agreement.

In one of its recent posts, the U.S. claimed that “thousands are being convicted for the crime of criticizing their own governments” in Europe, adding, “All the DSA protects is European leaders from their own people.”

The Data Structures and Algorithms (DSA), adopted in 2022, places legal obligations on platforms such as Facebook, Instagram, and X (formerly Twitter) to remove illegal content and restrict the sale of illicit goods.

However, critics in Washington argue that the law conflicts with U.S. free speech protections and amounts to censorship.

In June, the U.S. Mission to the EU shared a series of graphic-style posts on X accusing Europe’s “disinformation industry” and “fact-checking complex” of stifling viewpoints that challenge the political mainstream. The Mission later confirmed to POLITICO that the content was part of a mandated State Department social media campaign.

France responded in kind earlier this month, publishing a graphic in a similar style defending the DSA, saying Europeans had chosen “freedom of expression and data protection, not noise and targeted advertising.”

The European Commission has largely avoided engaging with the U.S. criticism directly. When asked about the “Orwellian” label, Commission spokesperson Thomas Regnier reiterated that the DSA protects free speech and does not mandate the removal of lawful content.

Henna Virkkunen, the Commission’s lead on tech policy, has insisted that the EU’s digital laws remain outside the scope of trade talks.

On Tuesday, French Industry Minister Marc Ferracci warned that if negotiations with the U.S. fail, France may consider retaliatory measures targeting the digital ad revenues of major American platforms.

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