Judge warns: Freedom of expression in the EU in acute danger

The article presents a critical perspective on the DSA and DDG, suggesting they threaten freedom of speech and democratic discourse in the European Union.

Richter warnt: Meinungsfreiheit in der EU in akuter Gefahr

Source: https://www.berliner-zeitung.de/politik-gesellschaft/richter-warnt-meinungsfreiheit-in-der-eu-in-akuter-gefahr-li.2177580#

Translated and summerized by GPT4

By Manfred Kölsch, Richter i.R.

Key Points:

  1. Introduction of DSA and DDG

    • The Digital Services Act (DSA) takes full effect in Germany on February 17, 2024.
    • The accompanying Digitale-Dienste-Gesetz (DDG) is criticized as a “Trojan horse” that masks an attack on constitutional order.
  2. Potential for Censorship

    • The DSA permits deletion of content on large online platforms, even if not illegal.
    • Raises concerns about censorship of “harmful” or “misleading” opinions or information.
  3. Vague Definitions and Social Consequences

    • “Disinformation” is vaguely defined, leading to ambiguity and potential misuse.
    • Legal entries might be labeled illegal, with social consequences for authors.
  4. Self-Censorship and Erosion of Democratic Discourse

    • Risk of censorship may lead to self-censorship, aligning posts with political narratives.
    • This could stifle democratic debate and intellectual engagement.
  5. Lack of Legal Clarity and Extended Suspicion

    • Criteria for content assessment lack necessary legal clarity.
    • Leads to preemptive censorship and overblocking by platforms due to fear of fines.
  6. Surveillance and Control

    • The DSA establishes a Europe-wide surveillance bureaucracy.
    • Contradicts federalism principle and amplifies existing denunciation practices.
  7. Undermining Freedom of Expression

    • The DSA hollows out the right to freedom of expression and information.
    • Contradicts guarantees by EU and national laws.

Conclusion:

The article presents a critical perspective on the DSA and DDG, suggesting they threaten freedom of speech and democratic discourse in the European Union.


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