Europe's Homegrown Digital Power Faces Delay and Setbacks
In a significant move, Ursula von der Leyen, President of the EU Commission, spoke of a "constitution for the internet" when the Digital Services Act (DSA) and Digital Markets Act (DMA) were adopted. These legislative acts were designed to regulate platform behavior, protect competition, freedom of expression, and democracy, and now need consistent enforcement.
The DSA and DMA were created by the EU to address the growing influence of tech giants on the digital landscape. Investigations have been ongoing for four years regarding whether Google's advertising dominance violates European competition law, with enormous implications for competition and media financing. The EU Commission's decision regarding the Google case was announced at the beginning of September.
The strategy of waiting to avoid disturbing ongoing trade talks has been employed, leading to Google receiving a fine instead of more severe penalties. However, the verdict against Google has now been issued, marking a significant step towards ensuring fair competition in the digital market.
The US State Department is reportedly reviewing sanctions against those responsible for implementing EU rules, a potential threat against European regulatory authorities. This comes as a reminder of the potential countermeasures from former US President Donald Trump, who demonstrated his power by lining up tech oligarchs behind him at his inauguration. His return to office led to a quiet period in platform regulation, with Trump's past sanctions, such as those against the chief prosecutor of the International Criminal Court, serving as a wake-up call for the need of more digital sovereignty.
Elon Musk's takeover of Twitter and its subsequent rebranding as X has further highlighted the dependence of digital public spheres on a few private actors. Musk's actions on Twitter have also led to investigations by the EU Commission, emphasising the need for strict regulation to prevent the misuse of such platforms.
Friedrich Merz, a prominent European politician, has stated that Europe's regulatory decisions will be made in its own interest and not be influenced by external pressures. Markus Beckedahl, the founder of the magazine netzpolitik.org and the curatorial director of re:publica, the largest conference for digital society, shares this sentiment, advocating for digital sovereignty and self-determination for Europe.
Trump's threat of retaliatory tariffs and export restrictions on US chips if states harm US companies through regulation or taxes adds another layer of complexity to the digital regulatory landscape. However, the EU Commission has repeatedly stressed that it has prevented platform rules from becoming part of the trade deal, ensuring that digital regulation remains a matter of European self-determination.
In conclusion, the adoption and enforcement of the DSA and DMA are crucial steps towards ensuring fair competition, protecting freedom of expression, and preserving democracy in the digital age. The ongoing investigations and potential sanctions serve as a reminder of the need for vigilance and the importance of digital sovereignty.
