Freedom of expression as a European value

Freedom of expression is a long-established right, present since the origins of modern constitutionalism. Although the EU is a relative newcomer to the freedom of expression field, it has been very active recently, adopting a significant amount of secondary legislation relevant to free expression, much of which relates to digital platforms, social media and emerging technologies. While some parts of the world (namely, Russia and China) may approach freedom of expression very differently from Europe, it is in the contrast to the US where current battles rage sharply. Although there has, for some time, been a noticeable difference in approach to freedom of expression on both sides of the Atlantic, the problem of harmful, or even illegal, communications such as hate speech or disinformation has been hugely amplified by the exponential increase in the digital media. This contribution explores this divergence in more detail, as it has manifested itself in both in the digital and non-digital sphere, but with a particular focus on the EU Digital Services Act, with the aim of defending the European approach and articulating any values it may represent.