In a move that highlights the growing tensions between Silicon Valley and global efforts to curb harmful online content, Elon Musk, the CEO of X (formerly Twitter) and Tesla, has found himself embroiled in a legal battle with the Center for Countering Digital Hate (CCDH). The case, which was thrown out last year, was seen by many as an attempt to punish the non-profit organisation for its advocacy against online hate speech.
This incident is just the tip of the iceberg as the European Union’s Digital Services Act (DSA) and the UK’s Online Safety Act (OSA) have faced staunch opposition from pro-free speech advocates, particularly those aligned with the MAGA movement in the United States. These pieces of legislation require social media firms to protect users from harmful content or face hefty fines, with X being fined €120m (£105m) this month for breaching the DSA.
The backlash against these regulations has taken a new turn, with the US government announcing visa bans for five European individuals, including former EU industry commissioner Thierry Breton, who was a key figure in the development of the DSA. This move has been interpreted as a warning to regulators, with the message being clear: “Watch out.”
The Center for Countering Digital Hate (CCDH), a US-UK organisation that campaigns against online hate speech, has also been targeted by Trump allies, with Musk himself describing the group as a “truly evil organisation” that wants to “destroy the First Amendment under the guise of doing good.”
The UK’s OSA remains a subject of White House ire, with US Vice President JD Vance stating that free speech in the UK is “in retreat.” In July, a delegation of US politicians, led by Republican Congressman Jim Jordan, visited the UK to discuss the legislation with the Labour government and Ofcom, the UK’s communications regulator.
Ofcom, which is responsible for overseeing the OSA, has acknowledged that it could be in the crosshairs, with the US State Department announcing plans to block entry to the US for “foreign nationals who censor American.” The regulator has stated that it is seeking “clarity” on the planned visa restrictions.
As the EU and UK continue to implement their respective online safety regulations, the opposition is only growing stronger. In October, Ofcom fined the online forum 4chan £20,000 for failing to respond to a risk assessment request, prompting the platform to file a lawsuit in the US, claiming that Ofcom’s enforcement of the OSA violates Americans’ right to freedom of speech.
Despite the mounting pressure, the UK government has vowed not to back down on the OSA, while the EU’s fine on X signals its determination to enforce its own legislation. Additionally, there is an effective non-profit ecosystem in both Europe and the US that is campaigning for online safety, indicating that this battle is far from over under the Trump administration.