Source: European Parliament
The Commission exercises its powers in accordance with the Treaties. The protection of fundamental rights, including freedom of expression, is one of the main values, according to Article 2 of the Treaty on European Union[1], of the European Union law to which its institutions abide.
Likewise, at the heart of the Digital Services Act (DSA)[2] lays a deep commitment to the protection of fundamental rights. The DSA horizontal rules against illegal content are carefully calibrated and accompanied by robust safeguards for freedom of expression and an effective right of redress.
Under the DSA, the Commission is responsible for supervising and enforcing the specific DSA obligations that apply to very large online platforms and search engines.
To monitor their compliance with the DSA, the legislator has entrusted the Commission with investigative and enforcement powers.
All actions taken by the Commission, including in the context of the proceedings against X, as well as all other enforcement actions against other very large online platforms, are undertaken within the limits of its supervision and enforcement powers and strictly follow the procedures laid out in Chapter IV, Section 4 of the DSA, in compliance with the principles of good administration, legal certainty and respect for the rule of law.
On 12 July 2024, following its investigations, the Commission adopted preliminary findings against X for breach of the DSA. X now has the possibility to exercise its rights of defence by examining the documents in the Commission’s investigation file, including evidence and sources underpinning the case, and by replying to the Commission’s preliminary findings.