What U.S. Policymakers Can Learn from the European Union’s Probe of Meta – Just Security
With the announcement of its latest investigation of a global social media company this time, Meta the European Union is providing an illuminating lesson on how to regulate tech behemoths without threatening free speech. One would like to think that U.S. politicians and policymakers are taking notes. Unfortunately, thats probably a fanciful hope.
On April 30 the European Commission, the E.U.s executive arm, said in a press release that it has opened formal proceedings to assess whether Metas Facebook and Instagram platforms have breached the Digital Services Act (DSA), a Europe-wide law that took full effect in February 2024 and is designed to deter online manipulation and force tech companies to take greater responsibility for their impact on elections and other aspects of civic life.
Specifically, the Commission said it is investigating suspected infringements related to deceptive advertising and political content on Metas platforms, as well as the companys diminishment of CrowdTangle a tool that formerly provided outsiders, including journalists and researchers with insight into how content spreads on those services. The Commission added that, based on preliminary assessments, it suspects that Metas external and internal mechanisms for flagging illegal content are not compliant with the requirements of the Digital Services Act and that there are shortcomings in Metas provision of access to publicly available data to [outside] researchers.
European regulators are clearly trying to pressure Meta to invigorate its self-policing of disinformation, including content generated by artificial intelligence. The timing is no accident. In early June, the E.U.s 27 member States will hold elections for representatives serving in the European Parliament. The Kremlin has been targeting many of those countries with political disinformation and is expected to step up its online propaganda efforts in an attempt to discourage support for Ukraine in its defensive war against Russian President Vladimir Putins forces.
Commission President Ursula von der Leyens written statement about the investigation is worth quoting at length:
This Commission has created means to protect European citizens from targeted disinformation and manipulation by third countries. If we suspect a violation of the rules, we act. This is true at all times, but especially in times of democratic elections. Big digital platforms must live up to their obligations to put enough resources into this and todays decision shows that we are serious about compliance.
The DSA has teeth. The Commission can fine companies up to 6 percent of their global revenue and has the authority to interview company officials and even raid corporate offices. E.U. regulators are already investigating the content policies and practices of TikTok and X, formerly known as Twitter.
In its response to the Commissions announcement, Meta said in a statement that: We have a well established process for identifying and mitigating risks on our platforms. It added: We look forward to continuing our cooperation with the European Commission and providing them with further details of this work.
In contrast to their European counterparts, U.S. lawmakers, with one striking exception, have failed for over a half-dozen years to pass any of the myriad laws that have been proposed to rein in major tech companies in this country. The exception is the bill that U.S. President Joe Biden signed into law on April 25 that requires ByteDance, the Chinese parent of TikTok, to sell the short-video platform within nine months under threat of a sweeping ban of the service in the United States.
The highly unusual TikTok sale-or-ban law reflects heightened geopolitical tension between Beijing and Washington, as well as the Chinese governments practice of exerting influence over tech companies operating in China. The U.S. State Department issued a reportlast year finding that China employs a variety of deceptive and coercive methods, including propaganda, disinformation and censorship, to influence the international information environment.
TikTok has vowed to challenge the new U.S. law as an unconstitutional government restraint on free speech under the First Amendment. That argument is at least plausible, if not necessarily one that the U.S. judiciary will embrace when it weighs the governments claim that China could use the platform to try to interfere in U.S. elections. Past attempts to ban TikTok by the Trump administration and the state of Montana have been blocked by federal courts.
But setting aside the rather unique dispute over TikTok, the striking thing about U.S. regulation of social media at the national level is its absence. This regulatory vacuum is typically ascribed to two conditions: the extreme political polarization that renders the U.S. Congress dysfunctional on so many fronts and the First Amendments instruction that Congress shall make no lawabridging the freedom of speech.
European nations do not operate under as rigid a prohibition of government regulation of speech, an important factor explaining how the E.U. managed to enact the DSA. But the newly unveiled investigation of Meta illustrates that, possibly with modest modification, European-style regulation could pass muster under the First Amendment.
Forming the foundation of the DSA are a range of provisions requiring that social media platforms disclose how they address problems like deceptive political advertising and other kinds of misleading or hateful content. The European Commission noted in its Meta investigation announcement that the opening of the probe was based on a risk assessment report that Meta (and all other large social media companies) were required to file in 2023, as well as on the companys responses to the Commissions follow-up requests for additional information.
First Amendment absolutists might be skeptical of this sort of mandatory disclosure, seeing it as a precursor to intrusive regulatory action. But theres a strong argument under existing free speech doctrine that requiring businesses to reveal factual information about how they operate does not constitute censorship or anything close to it. Companies in numerous regulated industries from airlines to chemicals are routinely subjected to disclosure requirements, so using this approach would not be novel.
In fact, from what we know so far, nothing about the E.U. investigation of Meta would violate First Amendment strictures. The regional bodys regulators are not dictating that Meta or other social media companies adopt particular policies, let alone specific content practices or decisions. Instead, the E.U. appears to be interested in whether these companies, in general, are providing the kind of resources, personnel, and digital tools that are needed to mount a vigorous defense against manipulation by the likes of Russia or China.
It may be that one or another E.U. demand might turn out to stray over the First Amendment line if it were examined in a U.S. court. But in the main, the European authorities seem concerned about whether powerful social media companies are providing procedurally adequate protections against disinformation and other harmful content that the companies themselves profess not to want on their platforms.
In this sense, early efforts to enforce the DSA shed light on what is at least theoretically possible in the U.S. The NYU Stern Center for Business and Human Rights, where I work, has advocated for Congress to enhance the consumer protection authority and resources of the U.S. Federal Trade Commission so that the FTC could demand procedurally adequate safeguards by social media companies, based on a disclosure regime roughly similar to that imposed by the DSA. If the FTC were restrained from dictating substantive policies or content decisions, this approach ought to be able to survive First Amendment scrutiny. Full disclosure: Less ambitious versions of this idea have appeared in some proposed U.S. legislation, but havent made much progress toward passage.
Under our approach, the U.S. government would not tell platforms what content they could host. Instead, it would require them to institute procedures that follow through on promises they have made in their terms of service and community standards to protect users and society at large.
It is too soon to tell whether the DSA will prove to be a successful experiment in regulation. Meta, TikTok, and X doubtless will push back and appeal any adverse findings. Its not clear whether in this process the European Commission will demonstrate the courage of its convictions. Keeping 27 member States on board wont be easy. But the Commission seems to be trying to make the DSA meaningful, and that alone is something policymakers in Washington could learn from.
Congress, Democracy, Digital Services Act, Disinformation, elections, European Commission, European Union, Facebook, Instagram, Meta, Misinformation, Russia, Social Media Platforms, Technology, TikTok, Twitter, United States
See the original post here:
What U.S. Policymakers Can Learn from the European Union's Probe of Meta - Just Security
- European Union's Caramel Market to Reach 606K Tons and $838M by 2035 - IndexBox - July 6th, 2025 [July 6th, 2025]
- European Union's Threaded Steel Articles Market to Grow at +1.4% CAGR, Reaching $4.4B by 2035 - IndexBox - July 6th, 2025 [July 6th, 2025]
- The European Union awards an additional 14.8 million in Aid to UNICEF to support the most vulnerable children and strengthen disaster preparedness in... - July 4th, 2025 [July 4th, 2025]
- Speech by President Antnio Costa at the opening ceremony of the Danish Presidency of the Council of the European Union - consilium.europa.eu - July 4th, 2025 [July 4th, 2025]
- Deepening structural reforms and reprioritising public spending can boost growth in the European Union - OECD - July 4th, 2025 [July 4th, 2025]
- Now Unfolding The Impact Of Russias Military Priorities On International Travel: Insights For US, China, European Union And CIS Markets: Here Is What... - July 4th, 2025 [July 4th, 2025]
- European Union's Butan-1-ol Market to Experience Slight Growth with +0.3% CAGR in Volume and +1.6% CAGR in Value from 2024 to 2035 - IndexBox - July 4th, 2025 [July 4th, 2025]
- China and the European Union Hold the 13th Round of High-level Strategic Dialogue - fmprc.gov.cn - July 4th, 2025 [July 4th, 2025]
- European Union's Cobalt Oxides and Hydroxides Market Expected to Grow steadily at +2.3% CAGR over the Next Decade - IndexBox - July 4th, 2025 [July 4th, 2025]
- European Union's Lubricating Oil Additives Market to Expand at a CAGR of +2.4% Through 2035, Reaching $103.1B in Market Value - IndexBox - July 2nd, 2025 [July 2nd, 2025]
- New spokesperson for the European Union Mission in Mozambique is from Minho - EEAS - July 2nd, 2025 [July 2nd, 2025]
- European Union nations call for stricter limits on sperm donation - Live Action | Pro-Life - June 29th, 2025 [June 29th, 2025]
- European Union's Cheese Market: Increasing Demand for Grated, Powdered, and Blue-Veined Cheeses to Drive Market Growth to 7M tons and $48.4B by 2035 -... - June 29th, 2025 [June 29th, 2025]
- European Union's Silver Market to See Slight Growth with +1.3% CAGR Driving Consumption Trends - IndexBox - June 29th, 2025 [June 29th, 2025]
- European Union's Grape Market to Witness Mild Growth with CAGR of +0.5% from 2024 to 2035 - IndexBox - June 29th, 2025 [June 29th, 2025]
- European Union Set to Redefine Budget Air Travel with Ambitious Policy Guaranteeing Free Carry-On Luggage and Greater Passenger Freedom on All EU and... - June 29th, 2025 [June 29th, 2025]
- European Union's Iron and Steel Slabs, Billets, and Blooms Market to Exhibit Slight Growth with CAGR of +0.4% through 2035 - IndexBox - June 29th, 2025 [June 29th, 2025]
- The United States has submitted a fresh trade deal proposal to the European Union - Forexlive | Forex News, Technical Analysis & Trading Tools - June 29th, 2025 [June 29th, 2025]
- Why Apple is revamping its App Store terms in the European Union - Fast Company - June 28th, 2025 [June 28th, 2025]
- Fiala: The European Union should not terminate the association agreement with Israel - European Newsroom - June 28th, 2025 [June 28th, 2025]
- European Union's Nitric and Sulphonitric Acids Market to Reach 1.5M Tons and $586M by 2035 - IndexBox - June 28th, 2025 [June 28th, 2025]
- European Union's Aniline Derivatives Market Expected to See +1.5% CAGR Growth Over Next Decade - IndexBox - June 28th, 2025 [June 28th, 2025]
- One-sided account of Israels actions in Gaza, Bnai Brith says of European Union report - JNS.org - June 28th, 2025 [June 28th, 2025]
- Importing Conflict into the European Union Not the Way to Peace, Hungarian PMs Political Director Says - The European Conservative - June 28th, 2025 [June 28th, 2025]
- After NATO Deal, How Far Will European Union Go For Trade Peace With Donald Trump - NDTV - June 28th, 2025 [June 28th, 2025]
- European Union divided over response to suspected Israeli rights breaches - Reuters - June 24th, 2025 [June 24th, 2025]
- The European Union and Canada open a new chapter in their cooperation - European Commission - June 24th, 2025 [June 24th, 2025]
- European Union military engagement in the Western Balkans: peacekeeping or strategic containment? EUs mission EUFOR Althea case study - PubAffairs... - June 24th, 2025 [June 24th, 2025]
- Lavrov announced the manifestation of rebellion in the controlled "herd" of NATO and of the European Union - EADaily - June 24th, 2025 [June 24th, 2025]
- Spain will ask the European Union to suspend the association agreement with Israel - Pressenza - International Press Agency - June 24th, 2025 [June 24th, 2025]
- European Union divided over response to suspected Israeli rights breaches - The Japan Times - June 24th, 2025 [June 24th, 2025]
- Israels appetite for war in Gaza threatens its relationship with the European Union - The Guardian - June 24th, 2025 [June 24th, 2025]
- Hybrid launch of 'The Routledge Guide to the European Union (2nd edition)' with Ian Bond, Mark Leonard and Armida van Rij - Centre for European Reform... - June 24th, 2025 [June 24th, 2025]
- The role of services of general interest (SGI) for competitiveness, social cohesion and democracy in the European Union - EESC - June 24th, 2025 [June 24th, 2025]
- European Union's Boring or Sinking Machinery Market to Reach 44K Units and $2.2B Value by 2035 - IndexBox - June 24th, 2025 [June 24th, 2025]
- European Union: AI Partnerships and DMA Enforcement Top of the Agenda for European Regulators - Wilson Sonsini - June 22nd, 2025 [June 22nd, 2025]
- European Union's Beverage Filtration Machinery Market to Reach 1.2M Units and $612M by 2035 - IndexBox - June 22nd, 2025 [June 22nd, 2025]
- European Union's Hydraulic Press Market Expected to Grow with 289K Units and $2.4B Value by 2035 - IndexBox - June 22nd, 2025 [June 22nd, 2025]
- Statement by the Ministers of Foreign Affairs of France, Germany, and the United Kingdom, together with the High Representative of the European Union... - June 22nd, 2025 [June 22nd, 2025]
- Rare earth access is the European Union's priority at China summit - Reuters - June 20th, 2025 [June 20th, 2025]
- Germany, Italy, Netherlands, Spain, Czech Republic, Denmark and Twenty One Countries in European Union Threatening to Suspend Israel Schengen Visa... - June 20th, 2025 [June 20th, 2025]
- European Union's Lifts and Elevators Market to Grow at a CAGR of +0.9% through 2035, Expected to Reach 665K Units - IndexBox - June 20th, 2025 [June 20th, 2025]
- European Union's Packaging Machinery Market to Increase at a CAGR of +2.2% Reaching $6.3B by 2035 - IndexBox - June 20th, 2025 [June 20th, 2025]
- The European Union announced the rejection of Russian gas at the wrong time: the price is approaching $ 500 - EADaily - June 20th, 2025 [June 20th, 2025]
- The European Union Watches from the Sidelines - inss.org.il - June 20th, 2025 [June 20th, 2025]
- How is disinformation addressed in the member states of the European Union? 27 country cases - EDMO.eu - June 18th, 2025 [June 18th, 2025]
- Literature review on actors of disinformation in the European Union - EDMO.eu - June 18th, 2025 [June 18th, 2025]
- Akriila and the European Union collaborate to give voice to Chiles clean energy future in new track The Power - EEAS - June 18th, 2025 [June 18th, 2025]
- Israel/Iran: Statement by the High Representative on behalf of the European Union - consilium.europa.eu - June 18th, 2025 [June 18th, 2025]
- Trump Drops Papers He Just Signed and Mistakenly Refers to the U.K. as The European Union - Mediaite - June 18th, 2025 [June 18th, 2025]
- In April, imports of plywood to European Union increase 5% - lesprom.com - June 18th, 2025 [June 18th, 2025]
- European Union warns of retaliation over Trumps steel tariff hike - The Indian Express - June 1st, 2025 [June 1st, 2025]
- News: NATO and the European Union unite for Ukraine at a NAC - PSC meeting, 28-May.-2025 - NATO - Homepage - June 1st, 2025 [June 1st, 2025]
- Its Time for Israel To Join the European Union - The Media Line - June 1st, 2025 [June 1st, 2025]
- Beijing-based Ambassadors of the European Political Community (EPC) met at the European Union Delegation to China - EEAS - June 1st, 2025 [June 1st, 2025]
- Tech tariffs? A brewing conflict with the European Union and within the Trump administration - Washington Examiner - June 1st, 2025 [June 1st, 2025]
- European Union on its way to reach a 54% GHG emissions reduction by 2030 - Enerdata - June 1st, 2025 [June 1st, 2025]
- Trump Advisor Jason Miller Warns of the Threat European Union Poses to Free Speech - floridianpress.com - June 1st, 2025 [June 1st, 2025]
- Trump says trade negotiations to begin soon between U.S. and European Union - MSNBC News - June 1st, 2025 [June 1st, 2025]
- European Union accuses TikTok of breaching digital rules with lack of transparency on ads - AP News - May 15th, 2025 [May 15th, 2025]
- What should the European Union aim for in a trade deal with Trump? - Bruegel - May 15th, 2025 [May 15th, 2025]
- European Union accuses TikTok of breaching digital rules with lack of transparency on ads - Ottumwa Courier - May 15th, 2025 [May 15th, 2025]
- European Union election observation mission publishes its final report with 19 recommendations; genuine political will needed to reinforce democratic... - May 15th, 2025 [May 15th, 2025]
- Digital Anonymity in Danger! What is the European Union deciding? - Red Hot Cyber - May 15th, 2025 [May 15th, 2025]
- The European Union and the United States reach an agreement to enhance trade talks - - May 15th, 2025 [May 15th, 2025]
- EU and UK at loggerheads over fishing rights and youth mobility | European Union - The Guardian - May 15th, 2025 [May 15th, 2025]
- European Union agrees on 17th sanction package against Russia (VGK:NYSEARCA) - Seeking Alpha - May 14th, 2025 [May 14th, 2025]
- The European Union celebrates Europe Day 2025 with the exhibition Panama and Europe: routes that connect - EEAS - May 14th, 2025 [May 14th, 2025]
- European Union's Nails and Staples Market Expected to Grow at CAGR of +0.9% Over Next Decade - IndexBox - May 14th, 2025 [May 14th, 2025]
- Gavin Willsey reaches milestone at the Midwest Model European Union competition - Stephen F. Austin State University - May 10th, 2025 [May 10th, 2025]
- Europe Day NYC: Celebrating 75 years of the European Union, from vision to reality - EEAS - May 10th, 2025 [May 10th, 2025]
- Meet the MEP who wants to bring Canada into the European Union - Euronews.com - May 10th, 2025 [May 10th, 2025]
- European Union: The European Commission's action plan to drive innovation, sustainability and competitiveness in the automotive sector - Global... - May 10th, 2025 [May 10th, 2025]
- European Union launches $566 million drive to attract researchers scared off by Trump moves on science and universities - Fortune - May 10th, 2025 [May 10th, 2025]
- Georgians Risk Losing Their Visa-Free Travel Privileges To The European Union Amid Growing Tensions - Travel And Tour World - May 10th, 2025 [May 10th, 2025]
- The Delegation of the European Union to the Republic of Korea Marking Europe Day 2025 under the Theme "Partnering for Peace and Security" -... - May 10th, 2025 [May 10th, 2025]
- 'We call on the European Union to endorse a confederation of the states of Israel and Palestine in one homeland' - Le Monde.fr - May 3rd, 2025 [May 3rd, 2025]
- The European Union does not plan to participate in the settlement of the conflict on Ukraine - EADaily - May 3rd, 2025 [May 3rd, 2025]
- European Union's Soybean Oil Market to Grow at a CAGR of +0.8% Over the Next Decade - IndexBox - May 3rd, 2025 [May 3rd, 2025]
- European Union's Methanol Market to Exhibit Slow Growth with CAGR of +0.2% through 2035 - IndexBox - May 3rd, 2025 [May 3rd, 2025]