EU’s DSA: Linehan & US Critics Raise Concerns

The European Union’s Digital Services Act (DSA) faced criticism at a recent hearing of the US House Judiciary Committee in Washington, with concerns raised about potential censorship and electoral interference. Witnesses and lawmakers voiced concerns over the act’s impact on free speech and its implications for US companies.

Criticism of the Digital Services Act

The hearing followed a report alleging the DSA amounted to censorship and interference in elections. The act regulates major tech companies including X, TikTok, and Meta – the parent company of Facebook, Instagram, and WhatsApp.

Irish human rights lawyer Lorcan Price stated, “There can be no doubt that the European Digital Services Act is the tip of a massive censorship industrial complex.” He added that fines levied on X by the European Commission demonstrate an attempt to “strangle free speech by a systemic assault on US companies.”

Comedic writer Graham Linehan, who was arrested in London last year under British hate speech laws, called for the US to pressure the Irish Government. He referenced the 2015 Gender Recognition Act in Ireland, stating it was passed without public consultation or input from women’s rights organizations, and argued Irish women and girls were denied a proper debate on the matter.

Differing Views on Free Speech Threats

Jamie Raskin, the leading Democrat on the committee, argued that the US faces a greater threat to free speech from an immigration clampdown in Minneapolis. “We’re having another hearing about the imaginary threat to the transphobic material of Irish comedians against the European Union and we can’t seem to have a hearing about ICE agents shooting Americans in the face for exercising their first amendment rights,” he said.

Price and Republican Congressman Russell Fry appeared to agree with Raskin’s assessment regarding the broader free speech concerns, suggesting unelected European bureaucrats are attempting to establish global standards for hate speech.

Linehan, speaking to RTÉ News after the hearing, explained his decision to appeal to the US Congress, stating, “At the moment self-ID in Ireland is law of the land, which means that men are in women’s prisons…I don’t think Irish people are fully aware of it.” He advocated for a re-examination of the Gender Identity Act and greater public awareness.

Media Criticism and Concerns over Gender Identity Act

Linehan also criticized RTÉ and other Irish media outlets, claiming they do not provide a platform for all viewpoints. He stated RTÉ has not interviewed him in nearly a decade, even during celebrations of his show, Father Ted. However, RTÉ’s This Week did feature a discussion with Linehan on transgender issues in 2023.

Linehan further claimed thousands of children have been “mutilated” and alleged a four-year-old Irish child received treatment at the controversial Tavistock centre in the UK.

European Commission Response

The European Commission dismissed the interim report from the House Judiciary Committee as “nonsense” and “unfounded.” Commission spokesperson Thomas Regnier reiterated the EU’s commitment to freedom of expression, stating that anything illegal offline should also be illegal online.

Regnier added, “Any allegation towards Europe saying that we are not protecting freedom of expression, or any censorship allegations, are complete nonsense, and these are unfounded allegations.”

Lorcan Price noted the significance of Ireland in the regulatory process, as many large digital companies have their EU headquarters there and are regulated by the Irish regulator, Coimisiún na Meán, in addition to the European Commission. He also pointed to a previous attempt by the Irish Government to pass a hate speech law with “extremely draconian measures” that was ultimately withdrawn, but similar provisions are now resurfacing through EU law.

Price also acknowledged arguments that opposition to EU digital regulation is driven by financial concerns rather than principles of free speech.