EU's DSA enables censorship in Romania, impacting critical voices

The European Union"s Digital Services Act (DSA) has reportedly enabled a network of government agencies, non-governmental organizations (NGOs), and foreign actors in Romania to censor critical voices, according to a recent investigation. The DSA, which was intended to promote digital rule of law, has been criticized for lacking checks, transparency, and recourse for affected individuals.

Key findings from the investigation indicate that the DSA"s transposition into local law has expanded local censorship powers. The Romanian National Audiovisual Council has been accused of interfering in Moldova"s elections, while the Rapid Response System (RRS) was activated during election periods without public announcement of the flaggers involved. This secrecy has been attributed to directives from the European Commission.

Concerns have also been raised about the involvement of organizations such as the Expert Forum, which has connections to executive powers, and the dissemination of misinformation through fact-checking processes. Freedom House"s influence combined with its fact-checker status has further complicated the situation. Additionally, there are reports of missing Statements of Reasons in the DSA database and the Wiesel Institute extending its Holocaust mandate into political matters.

Romania currently lacks an Out-Of-Court Settlement Body, leaving no clear path for redress for those affected by censorship. A French company is reportedly moderating TikTok content in Romania, with censorship reportedly targeting conservative viewpoints, coverage of Gaza, and even satire. Platforms such as Facebook, TikTok, and X have been criticized for ignoring formal requests for transparency, with only one example of best practices noted. The National Authority for Management and Regulation in Communications (ANCOM) has been accused of stalling enforcement actions.

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The full investigation into the alleged misuse of NGOs to censor political opponents under the guise of law enforcement can be accessed here.