U.S. Push to Weaken Digital Services Act
A State Department cable dated August 4, signed by Secretary of State Marco Rubio, directs U.S. diplomats in Europe to lobby against the EU’s Digital Services Act (DSA). The cable characterizes the DSA as imposing “undue” restrictions on freedom of expression and raising compliance costs for U.S. platforms. Posts are instructed to build support among EU governments and stakeholders to repeal or amend the DSA and related national measures on online speech.
The Commission reiterated that freedom of expression is a fundamental right in the EU and rejected censorship claims as unfounded. EU officials have emphasized that the DSA, together with the Digital Markets Act (DMA), aims to improve online safety and market fairness, including obligations to address illegal content such as hate speech and child sexual abuse material. The Commission has also stated that the DSA and DMA are not open to renegotiation within EU‑U.S. trade talks.
The cable provides talking points and specific asks: narrowing the DSA’s definition of illegal content to protect political and religious discourse, revisiting or withdrawing the Code of Practice on Disinformation under the DSA framework, reducing or removing fines for non‑compliance, and limiting reliance on “trusted flaggers.” It also directs diplomats to document alleged censorship incidents affecting U.S. citizens and companies, including arrests, court actions, property seizures, and online suspensions.
This directive follows heightened U.S. political scrutiny of EU content rules, including public criticism from senior officials and U.S. tech companies. The FCC chair previously argued the DSA is incompatible with the U.S. free speech tradition. The Commission’s position remains that the DSA is content‑neutral as to company nationality, targets illegal content, and operates within EU fundamental rights. The initiative is likely to test transatlantic digital policy coordination amid ongoing enforcement of the DSA against very large online platforms.
