The Free Flow — February 20, 2025
Google censors on behalf of autocrats, VP Vance blasts European free speech restrictions, and hundreds arrested under UK online safety law.
The Digital Age
» Google Facilitated Censorship Requests from Russia and China, Investigation Finds
A report from The Guardian’s Observer has revealed that Google has cooperated with autocratic governments, including Russia and China, to remove online content critical of political leaders and state policies.
Global Reach of Censorship Requests:
Google has engaged with about 150 governments since 2011, including sanctioned regimes and those accused of human rights abuses.
The company has received 5.6 million takedown requests, with worldwide government demands more than doubling since 2020.
Russia:
Since 2020, over 60% of all takedown requests to Google have come from Russia, primarily through its internet censor, Roskomnadzor.
Removed content includes YouTube videos exposing alleged corruption, footage of Ukrainian protesters burning Russian flags, and posts critical of Russian military history.
China:
Google complied with China’s Ministry of Public Security, removing more than 200 videos, many of which contained allegations of political corruption.
It also took down profiles impersonating President Xi Jinping, a tactic Chinese citizens previously used to bypass censorship laws.
Opaque Content Moderation:
While Google’s Transparency Report provides some details, the company does not disclose how many requests it ultimately fulfills or provide full explanations for many takedowns.
Beyond Russia and China:
The report highlights Google’s engagement with other authoritarian states, including Iran and Afghanistan, where police requests for content removal have increased since the Taliban gained/seized power in 2021.
» Vietnam Feels Effects of Tightened Social Media Regulation:
The 88 Project, a free speech advocacy group in Vietnam, released a report detailing how the country’s new social media regulatory framework, Decree 147, negatively impacts online free speech.
Background:
Decree 147 came into effect in December.
The law mandates social media companies collect user data, including individual phone numbers and national ID, and provide such information to the state upon request.
It further requires social media platforms to take down all “illegal” content within 24 hours.
The 88 Project’s report points to a drop in political posts online after the adoption of the law as evidence of its “icy stranglehold on free speech.”
» Elon Musk Issues Ominous Warning to CBS:
The American tech billionaire and White House DOGE employee recently posted on X, his social media platform, that CBS staff deserve “long prison sentence” for allegedly interfering with the last election.
Background:
President Trump claimed during the campaign trail that CBS deceitfully edited an interview with Kamala Harris on 60 Minutes.
Trump is currently suing the network for $10 million worth of damages.
The Federal Communications Commission (FCC), the United States’ media regulations agency, has taken up Trump’s claim and launched its own investigation into the news organization.
Musk’s remarks come as Vice President JD Vance scolded European leaders for failing to uphold free speech in their countries during the Munich Security Conference (more on this below).
» Trump’s Social Media Company Sues Brazilian Judge Over Censorship Orders
Trump Media & Technology Group (TMTG), the parent company of Truth Social, and video platform Rumble have filed a lawsuit in the U.S. District Court for the Middle District of Florida against Brazilian Supreme Court Justice Alexandre de Moraes.
The lawsuit argues that Moraes’ orders to suspend conservative social media accounts in Brazil violate the First Amendment and constitute an overreach of judicial power beyond Brazil’s borders.
Background:
Justice Moraes has frequently clashed with former Brazilian President Jair Bolsonaro and has ordered numerous account suspensions on platforms like X and Rumble for allegedly spreading hate speech and misinformation.
In January, he temporarily blocked X in Brazil, sparking backlash from free speech advocates.
Legal Argument:
The lawsuit claims that Moraes' “gag orders” censor legitimate U.S. political discourse and violate fundamental First Amendment protections.
Lawyers for TMTG and Rumble cite a Trump-era executive order that rejects foreign judicial attempts to impose their legal standards beyond the country’s border/in the U.S.
The suit alleges that Moraes pressured Rumble into appointing a legal representative in Brazil and threatened punitive actions if the company did not comply with his directives.
It seeks a court ruling declaring his orders “unenforceable and nonrecognizable” in the U.S.
What’s Next?
The lawsuit aims to set a precedent that foreign judicial rulings cannot dictate content moderation on U.S.-based platforms.
If successful, it could limit the global reach of foreign regulations on American social media companies.
» Nigeria and India See Rising Concerns Over Social Media Policing:
Nigeria: Police summoned lawyer Wale Omolegbon Odusola after he criticized Governor Lucky Aiyedatiwa’s administration and budget on Facebook, accusing the state of marginalizing certain communities and planning a cyberstalking law to silence critics.
India: In India’s Assam state, a man was summoned to court for reacting with a "Haha" emoji to a Facebook comment directed at a government official.
As Europe and other open democracies increase efforts to police social media, both of these incidents highlight growing fears over illiberal efforts to curb dissent on social media elsewhere in the world.
The Brussels Effect: Europe and Beyond
» JD Vance Blasts Europe on Free Speech:
The U.S. Vice President, speaking at the Munich Security Conference, criticized Europe’s increased obsession with speech regulation.
Background:
The European Union and member states have adopted a litany of legislation aimed at curtailing online expression in the name of fighting “illegal hate speech” and “disinformation.”
In Germany, for instance, as a report this week by CBS showed, police have sweeping powers to enforce online speech laws against individuals (although the news outlet minimized its negative impact on free speech, according to Senior Fellow Jeff Kosseff).
Germany’s anti-hate-speech task force is empowered to raid homes while deploying “special software” to unmask anonymous users.
Moreover, minor insults like calling a politician a “professional idiot” online can result in charges and a police raid, as happened to a man in November 2024.
Germany is not the only culprit — many other European states, including France, have violated free speech rights by shutting down civil associations via presidential decree or fining individuals for political criticism considered beyond the pale (such as comparisons between politicians and Nazi leaders).
Digging Deeper:
At Persuasion, Jacob Mchangama provides a full analysis of Vance’ speech, pointing out that while Vance may be right about Europe’s record on free speech, America has not been a shining example on the issue in the first weeks of the new Trump administration.
At home, CBS faces multiple investigations by the FCC and civil lawsuits from Donald Trump, who claims (on thin evidence) that the network tried to “interfere” in the 2024 election against him.
The recent barring of AP journalists from the White House also sparks concerns about the Trump administration’s attitudes toward free speech, as do the President and VP Vance’s statements that flag burners should face prosecution.
» Facebook, TikTok Sign EU Disinformation Code—X Remains Defiant
Over 40 tech platforms, including Google, Meta, and Microsoft, have committed to an EU code of conduct against disinformation under the Digital Services Act (DSA).
X, owned by Elon Musk, refused to join.
Background:
The DSA mandates platforms to tackle mis- and disinformation online. The EU has been investigating X since December 2023 over its compliance with these rules.
Musk withdrew Twitter (now X) from the previous disinformation code in 2023 and has since opposed the EU’s regulatory framework.
Despite Meta CEO Mark Zuckerberg condemning EU content regulations as "censorship" last month, Meta remains a signatory to the updated code.
EU Tech Chief Henna Virkkunen stated the code would help ensure “effective efforts to protect democratic processes” and assess compliance when the DSA enforcement begins in July.
X’s defiance underscores growing tensions between US tech giants and European regulators over content moderation.
» UK’s Online Safety Act Leads to Hundreds of Charges for ‘Speech Crimes’
Nearly 300 individuals have been charged under the Online Safety Act since its implementation, with at least 67 convictions.
Critics argue the law stifles free speech, while the UK government defends it as necessary to combat online harm. The U.S. has raised concerns about its impact on free expression.
Background:
The UK’s controversial Online Safety Act, which was passed in October 2023, requires tech platforms to curb harmful online content or face massive fines.
It also criminalizes false communications that could cause “non-trivial psychological or physical harm.”
292 individuals have been charged with communications offenses, including 23 for sending false communications—widely described as the “fake news” offense.
At least 67 convictions have been secured, including cases tied to last summer’s Southport riots following the stabbings that sparked unrest.
Free speech advocates argue that the law overreaches by allowing the state to determine what constitutes misinformation.
The issue is expected to surface in upcoming U.S.-UK trade negotiations, with American officials reportedly pressuring the UK to soften its stance.
» Placebo’s Brian Molko Faces Trial for Defaming Italian PM
British rocker Brian Molko, frontman of Placebo, has been formally charged with defamation in Italy after calling Prime Minister Giorgia Meloni a "fascist" and a "Nazi" during a 2023 concert in Turin.
Background:
Under Italian law, publicly defaming the republic—encompassing the government, courts, and parliament—is a criminal offense.
His case follows a similar lawsuit brought by Meloni against investigative journalist Roberto Saviano, who was fined €1,000 (£830) for calling her a “b***h” in a televised discussion on migration.
If convicted, Molko faces a fine of up to €5,000 (£4.2k), though jail time is unlikely.
A European Parliament report found that since Meloni took office, Italy has recorded the highest number of lawsuits against public participation, raising concerns about press freedom and political expression.
» X Challenges Berlin Court’s DSA Decision
X is contesting a Berlin Regional Court ruling that compels the platform to provide researchers with immediate data access under the Digital Services Act (DSA).
Background:
The court sided with two German civil society organizations, Democracy Reporting International and Gesellschaft für Freiheitsrechte, ordering X to share data related to engagement on the platform before and after Germany’s February 23 elections.
X argues that the decision violated its right to due process by not allowing sufficient time to respond and that the data request lacked key details.
The platform also questioned the impartiality of the ruling, noting that the judge previously worked for one of the organizations that brought the case.
X has yet to comply with the ruling, while Democracy Reporting International has successfully obtained similar access from Meta and TikTok.
Press Freedom Watch:
Belarus Releases Journalist: The country released three individuals last week, including journalist Andrey Kuznechyk of Radio Free Europe/Radio Liberty.
Israeli Police Raid Palestinian Bookstore, Sparking Censorship Fears: Israeli authorities raided East Jerusalem’s Educational Bookshop, arresting two of its owners and confiscating books allegedly containing "inciteful material." Critics see the raid as part of a broader crackdown on Palestinian cultural institutions, with rights groups warning of increasing censorship under Israel’s right-wing government.
Protest Watch:
Iranian Students Protest: Amir Mohammad Khaleghi, a 19-year-old business student at the University of Tehran, was killed during a robbery just outside university dorms, sparking student outrage.
Scotland Responds to Vance’s Comments on Pro-Life Protests: During his speech, J.D. Vance criticized Scotland’s Safe Access Zones Act, arguing that it restricts free expression, including silent prayer near abortion clinics. The Scottish government pushed back, stating the law does not explicitly ban private prayer.
However, the law does criminalize actions within private households that could be seen as “influencing” or “preventing” someone from obtaining an abortion if they occur within 200 meters of a clinic.
British media outlets, including the BBC and The Guardian, condemned Vance’s remarks as “dangerous” or “extremist.”
Quick Hits:
CBS Anchor Claims Nazis Used Free Speech in Holocaust: Face the Nation host Margaret Brennan claimed JD Vance was “standing in a country where free speech was weaponized to conduct a genocide,” following the Vice President’s criticisms of European online speech regulation at the Munich Security Conference. But, as Jacob Mchangama argues, Brennan fell victim to the Weimar Fallacy.
DHS Pauses Disinformation Governance Board: The U.S. Department of Homeland Security has officially paused its controversial Disinformation Governance Board following intense criticism from free speech advocates and Republican lawmakers. The board’s director, Nina Jankowicz, has resigned.
Salman Rushdie Calls Elon Musk “Dishonest” Defender of Free Speech: “Elon Musk doesn't defend free expression. His social network curates the discourse of the extreme right. Appropriating a noble cause, such as freedom of expression, when what you do is the opposite is very dishonest.”
Indian Supreme Court Imposes Gag Order on YouTuber: The Supreme Court of India stayed YouTuber Ranveer Allahbadia’s arrest over multiple obscenity cases regarding his remarks on the show India’s Got Talent. Controversially, the court barred him and his associates from airing any content on YouTube or other platforms “until further orders.”
South Korea Bans Downloads of DeepSeek: The Chinese A.I. app has been suspended in the country until regulators can ensure that it complies with the country’s privacy and data protection laws.
Thailand Indicts 44 Former MPs Over Royal Defamation Law Reform: The National Anti-Corruption Commission (NACC) has indicted 44 former lawmakers from the dissolved Move Forward Party for ethical misconduct after they proposed amending Thailand’s strict lese-majeste law, which criminalizes criticism of the monarchy.
Yale Law School Hosts Free Speech Conference: The event marked the publishing of Yale’s 50th annual Woodward Report on free expression at the university.
New England Bakery Mural Sparks First Amendment Case: The case pits the large mural of a New Hampshire man’s bakery as free expression against a local zoning board’s contention that the painting represents advertising, not art, and is thereby subject to its size regulations.
YouGov Releases New Free Speech Sentiments Poll: Americans expressed pro-free-speech views in YouGov’s poll, but disturbingly 52% said “they often worry that views they express will be misinterpreted in a negative way.”