The Digital Services Act (DSA) began to fully apply in the European Union (EU) from February 2024. The much-heralded legislation seeks to help counter the spread of illegal and harmful online content, including disinformation. However, this paper argues that the DSA, while well-intentioned, could incentivise the excessive removal of online content, including for content that is truthful, legal and non-harmful, and could give rise to harmful censorship that was not intended by its creators.

The DSA may also bolster authoritarian-inclined governments in Europe by potentially forcing online platform companies and regulators in other EU Member States to assist such governments in censoring their own citizens. Furthermore, the DSA risks expanding the role of powerful platform companies and political authorities in shaping online public discourse and influencing what information citizens can and cannot see – without setting adequate constraints on their power.

This paper concludes with some recommendations that could mitigate the above risks while preserving the DSA’s benefits.