DSA Obersvatory: The Out-of-court Settlement Mechanism under the DSA – Questions and Doubts

 Joan Barata Senior Legal Fellow, Future of Free Speech (Justitia) Introduction The Digital Services Act (DSA) constitutes the new legal horizontal framework in the EU regarding the provision of online services. It formally came into force on 16 November 2022. However, a significant number of rules and obligations included in this Regulation will become enforceable […]

Jacob Mchangama Signs The Westminster Declaration

The Declaration: The Westminster Declaration We write as journalists, artists, authors, activists, technologists, and academics to warn of increasing international censorship that threatens to erode centuries-old democratic norms. Coming from the left, right, and centre, we are united by our commitment to universal human rights and freedom of speech, and we are all deeply concerned […]

Petition: Stop Denmark’s New Blasphemy Ban

Freedom of expression—including the freedom to mistreat religious artefacts, however crude that may be as a form of protest—is a vital cornerstone of free societies. Below, we are pleased to publish an open letter featuring many prominent signatories denouncing the Danish government’s proposal to criminalize the “improper treatment” of religious objects. By drawing attention to […]

Reason: Denmark May Ban Burning the Quran

In 2017, then–Danish Prime Minister Lars Løkke Rasmussen proclaimed: “I’m proud and happy that we live in a country where we have abolished the blasphemy provision and where you’re allowed to be critical—even in satire and cartoons—of religious symbols.” Last week, however, Rasmussen, who is now the minister of foreign affairs, did an about-face. The Quran […]

TIME: Denmark and Sweden’s Commitment to Free Speech Is Wilting in the Face of Quran Burnings

In TIME, Jacob Mchangama explains how Denmark and Sweden’s plans to criminalize Quran burnings forebode a future in which democratic states willingly yield their fundamental principles to religious dogmatism. “On the one hand, there are good reasons to be critical of book burnings. It is a poor substitute for reasoned debate and will forever be […]

Unherd: Sweden and Denmark bow to pressure over Quran book burnings

In 1766, Sweden enacted its landmark Press Freedom Act, becoming the first country in the world to implement such protections. In 1770, Denmark outpaced this achievement by formally abolishing all forms of censorship. Despite intermittent setbacks, these pioneering acts cultivated a vibrant culture of free expression. The Scandinavian countries evolved into global symbols of democracy, freedom, […]

Foreign Policy: Free Speech Social Media Doesn’t Exist

“These concerns imply that social media is a lawless mayhem when it comes to hate speech. But this characterization is wrong. Most platforms have strict rules prohibiting hate speech, which have expanded significantly over the past several years. Many of these policies go far beyond both what’s required and permissible under international human rights law […]

Time: How to Kill Online Free Speech

BY JACOB MCHANGAMA AND JEFF KOSSEFF According to a new landmark decision by the European Court of Human Rights (ECHR), freedom of expression does not immunize public officials from criminal liability if they fail to promptly remove manifestly illegal content (such as “hate speech”) posted on their accounts by followers. The recent decision reveals the censorial route that Europe’s judiciary […]

Tech Policy Press: Regulating Online Platforms Beyond the Marco Civil in Brazil – The Controversial “Fake News Bill”

Joan Barata is a Senior Fellow at Justitia’s Future Free Speech project, and is also a Fellow of the Program on Platform Regulation at the Stanford Cyber Policy Center. Introduction Brazil’s President, Luiz Inácio Lula da Silva, has referred a proposed law to the Congress. Colloquially referred to as the “Fake News Bill,” the draft […]