Is CEO Zuckerberg exposing Facebook to EU sanctions?
On 20 January 2025, the revised Code of conduct on countering illegal hate speech online + (the ‘Code of conduct+’) was integrated into the regulatory framework of the Digital Services Act (DSA), following a positive assessment from the Commission and the European Board for Digital Services (‘the Board’). Under the newest EU decision —embedded in the Digital Services Act (DSA)—platforms like Facebook and Instagram must adopt rigorous policies for detecting and removing unlawful content, or face substantial fines. Yet reports suggest that Zuckerberg is seeking to scale back certain moderation tools, focusing instead on broader user autonomy and algorithmic tweaks to optimize engagement. Critics argue that loosening the rules around harmful content might run counter to the EU’s stricter requirements, exposing Meta to reputational and financial risks. Zuckerberg’s next moves will be closely watched, as EU lawmakers remain resolute about curbing hateful or violent speech while preserving the essential freedoms that define online discourse.
Signed by leading platforms including Facebook, Instagram, TikTok, X, YouTube, Microsoft and others, the Code of conduct+ updates the initial 2016 agreement by introducing clearer guidelines, tougher enforcement measures, and regular monitoring of compliance. Crucially, this integration offers signatory platforms a way to demonstrate their alignment with the DSA’s stringent requirements to mitigate illegal content risks—particularly relevant as the DSA’s enforcement framework now imposes significant penalties for non-compliance, reaching up to 6% of a company’s global annual revenue.
Meta CEO Mark Zuckerberg has repeatedly emphasized the balance between freedom of expression and user safety. However, with the new Code of conduct+ built into the DSA, his platforms–Facebook and Instagram—must ensure they implement effective measures against illegal hate speech, or risk facing substantial fines and reputational damage. An added layer of accountability comes from the compulsory, annual independent audits that will assess each Very Large Online Platform’s (VLOP’s) adherence to the Code’s commitments, as well as their overall compliance with the DSA.
The overarching objective is to foster a healthier digital environment in which European citizens can freely engage without encountering hateful or violent content. Alongside stricter rules, the DSA also promotes a culture of transparency, expecting platforms to publish detailed reports about their content moderation processes and collaborate actively with regulatory bodies.
Ultimately, the integration of the Code of conduct+ into the DSA underlines the EU’s collective determination to clamp down on illegal hate speech. By combining voluntary industry commitments with robust legal obligations, it aims to strike a balance between preserving freedom of expression and protecting individuals from harmful online content—shaping a more accountable internet for everyone. CONTINUE READING….
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