As Donald Trump renewed his attacks on Europe’s tech regulation rules, which he considers censorship, the death of a French streamer suggests the opposite problem: Europe’s Digital Services Act, designed as a safeguard against online harms, proved powerless in practice.
France’s regulator was unable to stop Kick – an Australia-based platform that officials say lacked any legal representative in Europe until the incident – from broadcasting the slow and harrowing decline of streamer Raphaël Graven. His death made international headlines and sparked Parisian calls for stronger safeguards.
Prosecutors in the country launched a criminal investigation into Kick on Tuesday, examining whether it violated the DSA’s requirement to report life-threatening risks to a national regulator. The country’s digital minister, Clara Chappaz, also announced plans to sue the platform.
The case has placed the DSA under fresh scrutiny. Passed with the intention of creating a safer and fairer online environment, the system divides enforcement between national regulators for smaller platforms, like Kick, and the European Commission for giants with over 45 million monthly users such as Meta and Apple. In practice, both sides have hesitated.
About 18 months after the rules took effect, Brussels has yet to impose a single fine for content moderation breaches. The Commission’s grand test case against Elon Musk’s X has languished for more than a year.
To call the DSA a failure would be premature. Enforcement is complex and the law’s provisions remain vague. With no case law to steer them, regulators are left to improvise – even as the internet races ahead, spewing fresh hazards like AI-driven disinformation faster than Brussels can blink.
The Commission has been moving slowly, aware that any ruling would set a precedent, sketching the boundaries of how far platforms must go to blunt the risks they unleash.
Far from being a threat to free speech – as US Vice President J.D. Vance claimed in a notorious February speech – the law looks rather toothless. Yet Donald Trump’s latest tariff threat on countries with “digital taxes, legislation, rules or regulation” provoked a familiar chorus in Brussels.
Centrist MEPs leapt to defend the DSA as non-negotiable; some even called for the EU to brandish its anti-coercion instrument. The Commission repeated that digital rules were not part of the recent trade deal.
A few voices admit the shortcomings. Speaking to The Capitals, Pierre-Marie Vedrenne, a French centrist MEP, admitted that the law is “not perfect” and said lawmakers “know that we need to work on not only new legislation but on enforceability to give more tools to the European Commission side.”
By contrast, the DSA’s sister law, the Digital Markets Act, has managed to fine American giants such as Apple and Meta, though for competition breaches, not speech.
Meanwhile, Brussels looks timid. Alexandra Geese, a Green MEP from Germany, noted on LinkedIn that EU tech chief Henna Virkkunen’s only public comment since Trump’s latest broadside was to post a selfie with her dog on Instagram on International Dog Day. “It would be very much appreciated if the Executive Vice-President for Technological Sovereignty could fight for European democracy,” Geese said, “Start doing it!”
And the next frontier looms...
As AI becomes woven into daily life, users are forming romantic attachments to chatbots. Europe’s regulatory framework offers no clear limits on how far these systems can go in cultivating intimacy to keep people engaged, my colleague Maximilian Henning reports.
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