The EU Digital Services Act: A Threat to Freedom of Speech in Portugal?

Image Credit: Simon, Germany

As the European Union’s Digital Services Act (DSA) – Regulation (EU) 2022/2065 comes into full effect, concerns are rising over its potential impact on freedom of speech, particularly in countries like Portugal, where the Constitution guarantees freedom of expression. While the DSA is presented as a tool to regulate online platforms and remove illegal content, critics argue that it could lead to excessive censorship and restrictions on open discourse.

Article 37 of the Portuguese Constitution explicitly states that everyone has the right to freely express and publicize their thoughts in words, images or by any other means, as well as the right to inform, to inform oneself, and to be informed without hindrance or discrimination. However, under the DSA, online platforms must actively remove what the EU defines as illegal content, potentially silencing legitimate opinions that challenge mainstream narratives.

One of the most controversial aspects of the DSA is its requirement for large platforms such as Facebook, Twitter, and YouTube to rapidly detect and delete harmful content. While this might seem reasonable for dealing with hate speech, terrorism-related content, or child exploitation, the definition of harmful remains vague. This leaves the door open for subjective enforcement, where critical political speech, investigative journalism, or dissenting views could be unfairly removed.

The Portuguese government, through national regulatory bodies, will have some role in implementing the DSA. However, major decisions on online content will still be controlled by EU institutions and Big Tech companies, raising fears that Portuguese citizens’ speech could be restricted by foreign bureaucrats and algorithms rather than national democratic processes. Additionally, the law mandates greater use of artificial intelligence in content moderation, a move that has already proven to be problematic. AI algorithms are known for misinterpreting satire, political critique, and cultural expressions, leading to wrongful removals of content.

The fear of censorship could discourage individuals from speaking freely online, even when their opinions are fully legal under Portuguese law. Journalists, activists, and ordinary citizens could self-censor to avoid being flagged, demonetized, or banned from platforms. This directly contradicts the spirit of free speech enshrined in Portugal’s Constitution.

Critics of the DSA are calling for greater transparency in content moderation decisions, appeals processes for wrongful censorship, national safeguards to ensure that Portuguese law takes precedence over EU regulations in matters of free speech, and public debates on how the law should be interpreted in Portugal to align with constitutional rights.

While the DSA aims to create a safer online environment, its broad and vague definitions of illegal content could pose a serious risk to freedom of expression. In a country like Portugal, where democracy is built on the right to speak freely and challenge authority, it is crucial that this new law does not become a tool for censorship rather than protection. The Portuguese government must ensure that national constitutional rights are not undermined by EU overreach, preserving the fundamental principles of free speech that define an open and democratic society.

Will the DSA lead to a safer digital space, or is it the beginning of a new era of online censorship? The coming months will determine the real impact of this law on the Portuguese public.