Source: https://www.berliner-zeitung.de/politik-gesellschaft/richter-warnt-meinungsfreiheit-in-der-eu-in-akuter-gefahr-li.2177580#

> Translated and summerized by GPT4

#### By Manfred Kölsch, Richter i.R.

#### Key Points:

1. **Introduction of DSA and DDG**

- The Digital Services Act (DSA) takes full effect in Germany on February 17, 2024.

- The accompanying Digitale-Dienste-Gesetz (DDG) is criticized as a "Trojan horse" that masks an attack on constitutional order.

2. **Potential for Censorship**

- The DSA permits deletion of content on large online platforms, even if not illegal.

- Raises concerns about censorship of "harmful" or "misleading" opinions or information.

3. **Vague Definitions and Social Consequences**

- "Disinformation" is vaguely defined, leading to ambiguity and potential misuse.

- Legal entries might be labeled illegal, with social consequences for authors.

4. **Self-Censorship and Erosion of Democratic Discourse**

- Risk of censorship may lead to self-censorship, aligning posts with political narratives.

- This could stifle democratic debate and intellectual engagement.

5. **Lack of Legal Clarity and Extended Suspicion**

- Criteria for content assessment lack necessary legal clarity.

- Leads to preemptive censorship and overblocking by platforms due to fear of fines.

6. **Surveillance and Control**

- The DSA establishes a Europe-wide surveillance bureaucracy.

- Contradicts federalism principle and amplifies existing denunciation practices.

7. **Undermining Freedom of Expression**

- The DSA hollows out the right to freedom of expression and information.

- Contradicts guarantees by EU and national laws.

#### Conclusion:

The article presents a critical perspective on the DSA and DDG, suggesting they threaten freedom of speech and democratic discourse in the European Union.