European Commission Questions Criminal Liability of Digital Platform CEOs

The European Commission has expressed skepticism about the criminal prosecution of digital platform executives for user-generated content, a move the Spanish Government intends to pursue. Thomas Regnier, the spokesperson for digital affairs at the European Commission, stated, “Is a CEO responsible for what is published on the Internet? It is very difficult.” He emphasized that the Digital Services Regulation (DSA) focuses on governing digital platforms rather than pursuing individuals, indicating that if a CEO's algorithms favor one political party over others, they are not held personally accountable.

Concerns Over Digital Freedoms

In response to these regulatory proposals, Pavel Durov, the founder and CEO of Telegram, urged Spanish citizens to remain vigilant and advocate for their rights. He warned that the Spanish government's actions could lead to a state of heightened surveillance under the guise of protection. Durov described the proposed regulations as “dangerous” and a threat to digital freedom.

Durov raised alarms about potential legal repercussions for platform administrators regarding hate speech online, cautioning that such regulations may promote excessive censorship. “Platforms will eliminate anything minimally controversial to avoid risks, silencing political dissent and everyday opinions,” he stated, emphasizing the risks posed to diverse voices.

Reactions from Influential Figures

The proposals introduced by Spanish Prime Minister Pedro Sánchez prompted a significant backlash, including from Elon Musk, owner of the social network X. Musk labeled Sánchez as a “fascist totalitarian” in response to the announcement, which includes plans to restrict social media access for individuals under 16 and criminalize algorithm manipulation. These proposed measures may conflict with the recently established European regulations: the Digital Markets Regulation (DMA) and the DSA, both of which have faced criticism from major American tech companies and the U.S. government.

Uncertain Legal Framework

Despite the lack of a formal draft law from Spain, doubts expressed by the European Commission remain significant. Regnier noted, “There is still no draft law,” indicating the procedural uncertainties involved in such regulatory changes. He elaborated on the complexity of holding CEOs accountable for actions taken by their platforms, a topic that has spurred lengthy debate within the Commission and among EU member states. He reiterated the DSA's focus on platform liability rather than individual accountability.

Moreover, Regnier mentioned that EU member states cannot impose additional responsibilities on digital platforms beyond those established by the DSA, cautioning that conflicting regulations could pose legal challenges. “If a Member State adopts a criminal reform that mirrors existing EU regulations, it risks violating the DSA,” he explained.

Diverging Legal Opinions

Legal perspectives on these regulatory issues vary. Alberto Alemanno, a professor of European Law at HEC Paris, contends that governments have the authority to establish stricter standards. He compares Spain's initiative to similar measures from Greece, France, Austria, and Denmark, which have proposed their regulations regarding minors' access to social networks. Alemanno's analysis suggests that Spain's approach may prompt the EU to intervene and further align with these emerging national regulations, raising concerns about varying standards across member states.