More than 100 free speech experts from around the world have written to the European Commission, warning that the European Union’s Digital Services Act (DSA) risks creating a global “censorship infrastructure” that could suppress lawful speech far beyond the EU’s borders.
In a letter addressed to Commission President Ursula von der Leyen and senior vice presidents Teresa Ribera and Henna Virkkunen, 113 experts, including politicians, academics, journalists, and legal scholars, urged the Commission to consult free speech experts as part of its ongoing review of the DSA, which must be completed by 17 November 2025.
The letter was coordinated by ADF International, a Brussels-based legal advocacy organization, and calls on the European Commission to ensure that the DSA “upholds fundamental rights protections, especially under Article 11 of the Charter of Fundamental Rights of the EU, Article 10 of the ECHR, and Article 19 of the ICCPR.”
“Pan-European censorship infrastructure”
In their joint statement, the experts warn that the DSA “constructs a pan-European censorship infrastructure with loosely defined boundaries and the potential to suppress legitimate democratic discourse.”
They argue that “the wide definition of illegal content allows the most speech-restrictive provisions of one single EU country to be imposed as a standard across the entire Union, and potentially worldwide, effectively importing the lowest common denominator of expression.”
The letter continues: “The broad definition of ‘illegal content’ in the DSA, combined with existing jurisprudence of the Court of Justice of the European Union (CJEU), opens the door to worldwide takedowns.”
Signatories from across sectors
Among the signatories are Paul Coleman, Executive Director of ADF International; Kristen Waggoner, President, CEO, and General Counsel of Alliance Defending Freedom; Jean-Marc Potdevin, former Vice President of Yahoo Europe; and Sam Brownback, former U.S. Senator and Ambassador-at-Large for International Religious Freedom.
Other prominent figures include Toby Young, Founder and General Secretary of the Free Speech Union; Nadine Strossen, former President of the American Civil Liberties Union; Michael Shellenberger, journalist and author; and Ayaan Hirsi Ali, Research Fellow at Stanford University’s Hoover Institution.
Cross-party Members of the European Parliament also joined the initiative, including Stephen Bartulica (ECR), Branko Grims (EPP), and Virginie Joron (Patriots), alongside Robert P. George, McCormick Professor of Jurisprudence at Princeton University, and philosopher Peter Boghossian.
Calls for transparency in DSA review
The letter criticises what it describes as an “opaque” review process and urges the Commission to “conduct a comprehensive and inclusive consultation with independent experts in freedom of expression, constitutional law, and digital rights.” It also calls for the public disclosure of all NGOs, civil society actors, and partners involved in the review, as well as the criteria used to select them.
U.S. concerns over global reach
The warning from free speech experts follows recent statements from U.S. Ambassador to the EU Andrew Puzder and Google, both of whom expressed concern that the DSA could restrict American citizens’ online speech.
Ambassador Puzder said last week:
“No President of either party, and I can tell you President Trump in particular, is going to tolerate a foreign government restricting the First Amendment fundamental free speech, free expression rights of American citizens, to an extent that the United States government can’t even regulate those rights.
So we need to come to an understanding as to what’s happening with the Digital Services Act.”
Puzder also indicated that the United States plans to make formal submissions to the Commission’s review process, emphasizing Washington’s growing unease over the DSA’s extraterritorial effects.
“Threatens to impose an online censorship regime”
Dr. Adina Portaru, Senior Counsel for Europe at ADF International, said the experts’ letter echoes concerns voiced by the U.S. and major tech platforms:
“The European Commission claims the DSA will not censor speech and will merely create a safer online environment. In this letter, one hundred free speech experts vehemently disagree.
The Commission must urgently engage with these concerns in their review of the DSA and act to ensure freedom of expression is protected online.”
Global implications
French MEP Virginie Joron, who also signed the letter, warned that the DSA’s reach could extend well beyond Europe’s borders.
“The French digital regulator ARCOM told me they believe the DSA allows them to censor any post anywhere in the world using the DSA. That means even an American citizen posting in Alabama could potentially have their online post taken down, even if the publication would be legal in the US.”
She cited a 2023 incident following the Annecy terror attack in France, in which “a reaction from a US citizen was taken down”, an example she said demonstrates how the DSA’s mechanisms could operate internationally.
The letter also references findings from the U.S. House Judiciary Committee, warning that because “many social media platforms generally maintain one set of content moderation policies that they apply globally, restrictive censorship laws like the DSA may set de facto global censorship standards.”
Broader context
The letter’s opening stresses that in “times marked by conflict, inequality, and accelerating digitalisation,” freedom of expression remains “a necessity, not a luxury.” It warns that the DSA, while designed to curb online harms, risks “shrinking civic space” and “empowering both institutions and private actors to flag content they believe to be ‘illegal’—a term broadly defined as any content not compliant with EU or national laws.”
The experts conclude that while they agree on prohibiting forms of speech such as “child exploitation or incitement to terrorism,” the DSA “goes far beyond these narrow and universally agreed limits.”
The full text of the letter, along with the list of signatories and an open version for public support, is available online.
