During an address to the European Parliament today, coinciding with the inauguration of U.S. President Joe Biden, the President of the European Commission advocated for collaborative efforts between Europe and the United States in the regulation of major technology companies. She cautioned about the dangers of unchecked hate speech and the misuse of disinformation to destabilize democratic systems.

Ursula von der Leyen referenced the recent events involving the assault on the U.S. Capitol by supporters of the former president, Donald Trump, as a demonstration of how online propagation of unsubstantiated claims can lead to real-world repercussions, even impacting democratic institutions.

“Just days ago, the Capitol building in Washington, the very center of American democracy, was stormed by hundreds of individuals,” she stated. “The images from that event were deeply shocking to us all. This is a direct result of rhetoric inciting action. This is the consequence of hate speech and false information spreading rapidly through digital channels, ultimately posing a threat to democracy.”

She also noted that European institutions are similarly facing attacks, with “hatred and disrespect for our democracy spreading freely through social media to millions.” She highlighted comparable incidents within the region in recent years, such as an attempt by far-right groups in Germany to invade the Reichstag building last year and the 2016 murder of British Member of Parliament Jo Cox by a far-right extremist.

“The situation at the U.S. Capitol was unique, but within Europe, there are also individuals who feel marginalized and harbor significant resentment,” she explained, suggesting that feelings of disenfranchisement and injustice can make individuals susceptible to the widespread conspiracy theories that platforms have permitted to circulate, which she described as “frequently a perplexing combination of entirely unfounded notions.”

“We must ensure that the dissemination of hateful messages and false information is no longer permitted without restraint,” she added, reaffirming the need for regulation of social media through the implementation of “democratic boundaries on the unrestricted and uncontrolled political influence of internet corporations.”

The European Commission has already presented its plan for modernizing the region’s digital regulations with the introduction of the draft Digital Services Act and Digital Markets Act last month. While the package will not include strict legal restrictions on disinformation, it will prioritize a strengthened, voluntary code of conduct for content that is potentially harmful but not explicitly illegal.

Von der Leyen clarified that the goal of these regulations is to establish that “anything unlawful in the physical world must also be unlawful online.” The Commission has also emphasized that this policy package aims to hold platforms accountable for the content they distribute and profit from.

However, the specifics of how the proposed laws will address the complex issue of content removal and reinstatement remain unclear, as does whether platforms will continue to make these decisions—under regulatory oversight—or operate independently.

The Commission’s current proposal leans toward the former, but the details are subject to debate and potential amendments during the EU’s legislative process before becoming law.

“We require platforms to be transparent regarding the operation of their algorithms. We cannot accept a scenario where decisions with significant implications for our democracy are made by computer programs without human oversight,” von der Leyen continued. “And we must clearly establish that internet companies are responsible for the content they distribute.”

She also reiterated concerns voiced recently regarding the independent actions taken by tech companies to restrict Donald Trump’s online presence, echoing statements from European political leaders earlier this month who characterized this display of platform power—from companies like Twitter—as “troubling,” and asserted that it should lead to regulatory consequences for tech giants.  

“While Twitter’s decision to suspend Donald Trump’s account shortly after midnight may have been justified, any such significant interference with freedom of expression should be based on legal frameworks, not company policies,” she stated, adding: “It should be determined by politicians and parliaments, not by managers in Silicon Valley.”

During the speech, the EU president also expressed optimism that the Biden administration would be receptive to Europe’s agenda on digital regulation, as part of the anticipated revitalization of EU-U.S. relations.

The Commission recently adopted a new transatlantic agenda outlining areas for joint collaboration with the U.S., with tech governance being a key priority.

Von der Leyen suggested that a joint Trade and Technology Council could be “a first step” toward the EU and U.S. developing “a digital economy rulebook that is universally applicable.”

“In the digital realm, Europe has a great deal to offer the new administration in Washington,” she proposed. “The course we have charted in Europe can serve as a model for international approaches, as has been the case with the General Data Protection Regulation.”

“Together, we could establish a digital economy rulebook that is valid worldwide: encompassing data protection and privacy, the security of technical infrastructure, and a set of rules grounded in our values: human rights and pluralism, inclusion, and the protection of privacy.”

While the EU is eager to rebuild U.S. relations following the Trump administration, it remains to be seen how significantly the Biden administration will alter its approach to big tech.

He has not been as openly critical of platform companies as other Democratic candidates for the presidency. Furthermore, the Obama administration, in which he served, maintained close ties with Silicon Valley.

Concerns have also been raised recently about Biden’s potential appointments to a key position within the justice department, given the prospective appointees’ connections to tech giants and/or their involvement in past mergers, in light of ongoing antitrust investigations of large technology companies. This does not suggest a complete overhaul of the existing situation.

Addressing the complex issue of U.S. surveillance law reform—which EU officials have indicated is necessary to resolve the legal uncertainties surrounding data transfers from the region to the U.S. (and which tech companies have largely avoided addressing in their lobbying efforts)—will likely require legislative action from Congress, rather than being solely driven by the Biden administration.

The likelihood of the incoming president prioritizing this relatively specialized tech-policy issue, given the numerous pressing matters on his agenda, appears relatively low. However, even modest prospects can seem promising after the Trump era.