From the emicycle...and beyond!
The world of the web today serves as the backdrop for nearly every activity that our daily routines place before us.
This phenomenon, which has grown largely thanks to the widespread use of social
networks among young people, is now an essential part of our everyday lives:
from online shopping to personal relationships, including work and access to
information.
In recent years, our
online interactions have significantly increased, bringing to light an issue
that is as important as it is delicate: Who ensures safety on the web? How are
our personal data used by digital platforms? How can we prevent scams or other
illegal behavior?
These questions have
led to the need for serious and up-to-date regulation, capable of overseeing
online security and the responsibilities of digital platforms.
In response to these concerns, in December 2020 the European Commission
proposed two legislative packages (the Digital Services Act and the Digital
Markets Act), aimed at establishing a modern and effective legal framework. The
plan was formally adopted in 2022 and officially came into effect on February
17, 2024.
The study we propose
to examine aims to highlight the presence of various actors who, through
different methods and means depending on their field of action, have
attempted—some more actively than others—to leave their mark on the legislative
process in order to protect their own interests.
The critical importance of the subject matter and its substantial impact on the
legal sphere of citizens have indeed made the Digital Services Act a target for
the intervention of numerous stakeholders eager to influence the debate.
The motivations
driving these actors to take a stand and try to shape the policy-making process
are often opposing and conflicting, thus turning the formation of the
legislative act into a political, economic, and ideological battleground.
In particular, this
article focuses on the role played by the political groups within the European
Parliament.
This institution is in
fact one of the most important bodies of the European Union, as it represents
the will of the citizens. It is the only EU institution whose members have been
democratically elected by universal suffrage across all 27 Member States.
Its institutional importance is the result of decades of development and
reform. It is worth noting that, at its inception, the European Parliament held
only a consultative role. However, starting with the Maastricht Treaty, its
functions gradually became more significant, reaching a true institutional
turning point with the Treaty of Lisbon.
Today, the European
Parliament carries out several key functions, such as oversight and budgetary
responsibilities, but its political role stands out above all: together
with the European Commission, it contributes to the legislative process within
the EU.
To fully understand
how it is possible to influence a legislative process, it is essential to first
consider the structural organization of this institution:
At present, there are 705 Members of the European Parliament (MEPs),
elected in the Member States and allocated proportionally according to each
state's population size.
Once elected, MEPs are not grouped by nationality but by political orientation,
leading to the formation of so-called "political groups".
Given these premises,
the starting question for our analysis is therefore: how—and to what extent—can
a political group influence the formation of a legislative act (in this case,
the Digital Services Act)?
To better illustrate
the type of observations and data we aim to examine, a comparison between
political groups with opposing orientations proves to be particularly
effective.
For this reason, we will analyze how the S&D and PfE have attempted to
influence the development of the Digital Services Act, and what tools—both
political and otherwise—they have used to do so.
In order to
reconstruct the political strategy adopted by the aforementioned political
groups, it is essential to analyze the themes and interests that, in opposing
and conflicting ways, shape the pressures exerted on the policy-making process.
The first step is structural and concerns the
political group itself: what are the principles and ideologies that define a
specific parliamentary group?
The acronym S&D
stands for "Socialists & Democrats", which is already
strongly indicative of the left-wing and progressive orientation that
characterizes this political group.
This orientation entails a commitment to values typically associated with the
left, such as strong support for European Union policies—aiming to promote an
increasingly inclusive and politically integrated climate among Member
States—civil rights, and ecological transition.
Conversely, on the
other side of the spectrum, we find PfE (Patriots for Europe), which is
marked by a distinctly more conservative spirit.
The Patriots for Europe are known for their critical stance toward European
institutions, often portraying their bureaucratic processes as detached from
the everyday realities faced by citizens.
As a result, they advocate for stronger protection of national sovereignty,
with all the cultural and sociological implications this entails, ranging from
the emphasis on national identity to opposition to mass immigration.
Lastly, but
particularly relevant for the purposes of our analysis, is their strong focus
on economic policy—often in the form of protective measures and support for
local businesses.
It is therefore easy
to understand the general positions of these two political groups regarding the
adoption of the Digital Services Act (DSA):
-
On one hand, the S&D group is strongly in
favor of the DSA, viewing it as a powerful tool for the protection of citizens.
Moreover, this support is rooted in a belief in a coordinated European
leadership, aimed at ensuring greater transparency and control in the digital
space.[1]
-
On the other hand, the PfE group is critical of
the legislative act, expressing concerns about the EU’s excessive bureaucracy
and its interference in matters that, in their view, individual nations should
be able to regulate autonomously.[2]
In light of these general
premises, we now turn to an analysis of the methods and strategies employed by
the political groups in their attempts to influence the formation of the
Digital Services Act.
Given that we are dealing with parliamentary groups, it is clear that a
significant role is played by what is commonly referred to as the “political
battle”. However, in this specific case, the key players who had a crucial
impact on the strategies adopted by political groups were not seated in
Parliament itself, but rather made their voices heard from the outside.
We are, of course, referring to the lobbying interests that each
political group sought to leverage in support of its parliamentary actions.
This is especially
true in light of the mutual collaboration between these two spheres: it is
certainly true that lobbies finance and support political figures and their
election campaigns in order to protect their own interests. At the same time,
political groups, thanks to the support of lobbying industries, grow and
strengthen to the point of gaining more credibility and capacity to influence
policy-making processes.
Drawing also on the
research of Michalowitz and Chalmers, our study highlights how interested
groups can play a decisive role in shaping the outcome of a legislative
process.
Let’s start with the
action of the S&D group.
By looking more closely at what was previously highlighted, the official goals
of the Socialists & Democrats in promoting and supporting the
Digital Services Act are focused on the protection of online users, the fight
against disinformation, and transparency in recommendation algorithms.
This entails a fight against the power of Big Tech and an attempt to strengthen
the protection of gig economy workers.
These are ambitious objectives that aim to challenge the giants of the global
digital market.
To achieve their goal, it was therefore easy to imagine that political strategy
alone would not be enough to succeed—hence the leverage on specific lobbying
industries.
But which lobbies actually came out in support of the Digital Services Act?
1.
First of all, civil and digital rights organizations.
NGOs therefore played an important role, having for years strongly demanded
more control over the processing of personal data, greater online transparency,
and clear user rights to contest decisions resulting from algorithmic
calculations.
2.
Public broadcasters, publishers, and newspapers:
essentially the world of traditional media. Their action stems from a call for
more serious efforts to combat disinformation, which dominates the web and
harms traditional journalism.
3.
Finally, trade unions and workers' associations also
played an important role, as many workers see their jobs heavily influenced by
regulations relating to the use of digital platforms (e.g., delivery riders).
It is easy to see how
the three categories mentioned are very different from each other, yet they
share the S&D group’s attention to themes of the “public good” rather than
economic interests.
There are clear
examples of what has been the action of these NGOs, a symptom of their
importance in the strategy adopted by the left.
First and foremost, it
is particularly important to mention the letter that as many as 39 NGOs signed
and sent to the President of the European Commission, Ursula Von Der Leyen.[3]
The letter expresses
concerns about the impact of the Trump administration—also known for taking a
stand against limitations on Big Tech—on the actual application and
implementation of the Digital Services Act.
Concerns were also
fueled by the presence of representatives and executives of the most important
digital platforms today (such as Jeff Bezos, Mark Zuckerberg, Elon Musk, ...)
at the inauguration ceremony of the new U.S. administration.
In this letter, it is
stated that these digital platforms have for years abused their positions and,
presumably, could also abuse their powers in this case by putting pressure on
European institutions.
In this context, the
words of Jan Penfrat, a prominent figure in the European Digital Rights group,
are particularly significant:
"Re-introducing
contestability, fairness and choice to the digital market will already be a
difficult task. If we pause or weaken enforcement, we risk making it impossible.
Europe must not be bullied by the likes of Musk and Trump into weakening its
DSA and DMA enforcement."[4]
Penfrat also expresses
concern that European institutions, in light of recent developments, may no
longer enjoy the political support necessary to stand up to market giants, thus
calling for a strong and decisive reaction.
Also worth noting is
the firm stance taken by other international organizations that aim to protect
human rights, most notably Amnesty International.
In the position paper published
on its channels in March 2021, Amnesty International had already strongly
expressed its support and determination for the implementation of the Digital
Services Act.
The text clearly shows
how the organization welcomes the new regulatory framework and appreciates how
it improves transparency regarding the conduct of Big Tech and establishes
clear rules for moderating online content.
Amnesty International
even goes so far as to suggest additional, even stricter, measures to “fully
guarantee the protection of human rights,” urging European institutions to be
more ambitious when it comes to protecting their citizens.[5]
In clearly opposing
positions stands the group of Patriots for Europe.
The political ideology of the group leaves little room for interpretation:
particular attention is clearly dedicated to the economic aspect, with a
special focus on Big Tech regulation.
Even the right, in fact, recognizes the need for new regulation on Big Tech,
but fears the firm approach of the left and prefers a more cautious method.
The main argument against the Digital Services Act reflects these concerns
perfectly: there is fear that the limits imposed on digital platforms may
actually pose a risk to freedom of expression.
The content moderation proposed by the left is seen as potential censorship,
and it is claimed that campaigns against disinformation are merely a tool to
silence popular dissent.[6]
Relying on the support
of these lobbying industries also carries an important political message.
It is no secret that the PfE group does not enjoy strong support in the
European Parliament (due to its nationalist ideology); however, it can still
count on a first-rate ally: the United States.[7]
The current U.S. administration supports the concerns of Big Tech and does not
hesitate to exert political pressure on European institutions—or on the
respective political groups—that have shown approval for the regulation imposed
by the Digital Services Act.
There are also
examples in this case of the commitment to firmly assert their positions, which
above all focus precisely on the thesis that the D.S.A. could threaten freedom
of expression.
First of all, the actions proposed by U.S. President Donald Trump certainly
stand out, which, predictably, are in clear opposition to the EU’s plans but in
full support of the Patriots for Europe’s arguments.
Trump, in fact, publicly attacks the regulations introduced by the Digital
Services Act, stating that if America truly wants to become “Great Again”
(citing his well-known campaign slogan), one of the first steps must be to
guarantee freedom of expression.
It is well known that the Republican President was in the past banned from
social platforms such as Twitter and YouTube, and since that moment, the fight
against the “censorship imposed by the left” has become one of the most
important points on his political agenda.[8]
These political
pressures thus fuel the drive of the lobbies and all the Big Tech industries,
which have found in him one of the strongest allies they could hope for.
Among the most outspoken and controversial figures, Elon Musk must be
mentioned. In addition to having a role as advisor in the Trump administration,
he has been the owner of the well-known social platform “X” since March 2023.
In the past, the platform was called “Twitter,” but with his acquisition, Musk
chose to send a strong message of change in reaction to what he always
considered overly strict communication policies.
That’s how he came to rename the platform “X” and to state that the social
network would be a symbol of freedom of expression.
Needless to say, Musk’s actions have sparked numerous controversies, as the
less restrictive policies on online behavior on the platform risk leaving room
for dangerous and illegal ideologies or actions.[9]
Thanks to the studies
of Chalmers, we have learned that one of the keys to success for lobbying
industries in influencing legislative processes is group unity and alignment in
the goals and interests they seek to defend.
Although the examples mentioned represent different categories interested in
the DSA, it can be said that in both directions, actions were taken with
cohesion and shared purpose.
To understand who did a more effective job, Chalmers teaches us, it will be
crucial to understand who managed to influence the direction of the
policy-making process and its final outcome.
In this context, the
political battle takes on new significance.
Strengthened by the support and influence that each group has managed to build
behind itself, it then becomes crucial to present, during the plenary sessions
of the European Parliament, the plans, concerns, and possible solutions that
each group claims to be ready to address.
Over the past four
years, there have been numerous parliamentary questions focusing on the topic
of the Digital Service Act, all fully aligned with the ideologies of each
political group and the strategic alliances that protect interests beyond mere
politics.
It is therefore easy
to imagine how the S&D group insisted on the need for greater safety for
citizens by limiting the power of Big Tech, and, in response, how the PfE group
denounced it as an attack on freedom of expression.
A significant example of S&D's speeches in plenary sessions is the Danish
MEP Christel Schaldemose, who was appointed as the European Parliament’s
negotiator on the D.S.A.
Her speech in January
2022 is particularly meaningful, especially in light of some concerns expressed
by neutral political groups (such as the EPP) regarding the promotion of the
Digital Service Act.
In her remarks, Schaldemose firmly and clearly reaffirmed the importance of the
issues that the legislative document seeks to protect.
Not only did she emphasize the importance of clear regulation on the processing
of personal data or the need for stricter rules on the freedom of action
granted to digital platforms, but for the first time she also highlighted that
the recipients of this directive are not just regular users making online
purchases or using search engines, but also children and teenagers who, due to
their limited understanding of online dynamics and dangers, are exposed to
serious risks to their safety.[10]
While the topics
raised by the S&D group certainly deserve attention, the concerns of the
Patriots for Europe should not be underestimated either.
For the latter, we refer to two parliamentary questions from group leader
Jordan Bardella, submitted four years apart, both of which persist in claiming
that the EU is exercising a tacit form of censorship, presumably silencing all
dissenting opinions regarding its actions.[11]
In the first
parliamentary question, Bardella merely expresses concern about what at the
time were only possible provisions of the Digital Service Act draft text.
In the second, however, he cites examples of online content removal and states
without hesitation that:
“The D.S.A. was used to introduce arbitrary censorship of free and
politically unpalatable speech.”[12]
Before moving towards
the conclusions of this article and reflecting on the outcome of the opposing
attempts to influence the Digital Service Act, it is necessary to mention
another powerful tool that can prove decisive for political groups if used
properly: the weight of public opinion.
Already in the
research studied in class by Chalmers and Versluis, the importance of factors such
as issue salience or public opinion itself is underlined. The latter, in
fact, can lead a specific political figure (in this case a parliamentary group)
to exert greater political pressure due to a so-called democratic
legitimization.
Relying on the needs and demands expressed by citizens certainly provides a
significant boost.
In the context of the
Digital Service Act, one example can be the highly debated topic of online
advertising based on user profiling: an already sensitive issue that generated
a lot of public outcry, as it was seen as a potential risk for the profiling of
minors.[13]
Thus, although the
right insisted on acknowledging the need for new regulation—yet characterized
by a flexible approach—the left strongly pushed for stricter rules by leveraging
citizens’ concerns and their skepticism about the handling of personal data by
Big Tech. [14]
The fact that this is
one of the points where the S&D group achieved the most success is a clear
example of how public opinion, if properly used, is another key element in
shifting the balance.
We finally arrive at the section of final answers, trying to establish what
influence the two political groups ultimately had on the formulation of the
provisions of the Digital Service Act.
For both perspectives, we highlighted the main arguments, the challenges, and
the objectives that each aimed to achieve.
We saw how both political groups had the intention of protecting European
citizens, but being driven by opposing and conflicting goals and concerns, they
chose different strategies, and the Digital Service Act turned out to be the
battlefield of an important clash between divergent political ideologies.
We saw how both groups made intelligent use of the support shown by their
respective interested groups, how they then tried to translate this support
into political battle and parliamentary interventions, up to the point of
leveraging the needs presented by public opinion.
During our studies, we often revisited Leone’s 1986 quote ("All
legislation has winners and losers") and, despite the efforts made by both
political groups, this is also the case here.
The final result of the legislation introduced by the Digital Service Act
clearly favors the left and the "Socialists and Democrats": the final
text includes significant restrictions on Big Tech, greater transparency in the
use of digital algorithms, and the removal of content considered dangerous or
illegal. [15]
However, the battle is not over; conservatives continue to oppose it and
the criticisms raised during the plenary sessions of the European Parliament
show no sign of subsiding.
New geopolitical balances could write new chapters in this already
much-debated and delicate story.
This outcome also finds positive confirmation in the words of Brando
Benifei, Member of the European Parliament from the S&D group, whom I had
the privilege of interviewing.
Benifei has repeatedly emphasized that the DSA represents much more than a law
on online content moderation but rather: “It is a tool to defend democracy
in the digital age, and recent geopolitical developments and international news
confirm its importance.”
The MEP described the “attack on freedom of speech” narrative promoted by
the right as “fanciful” and added:
“The DSA obviously does not limit freedom of expression, it does not
regulate what can or cannot be said. It simply overcomes an approach that we
developed at the beginning of the 2000s, when the digital world was completely
different, namely that digital companies are completely irresponsible for all
the content passing through their platforms— a principle that has never been
applied in any other context. We have simply overcome this anomaly.”
Benifei ultimately said he is satisfied with the content of the legislative
text of the DSA.
He does not deny the importance of extra-political alliances or the key role
played by public opinion, but he is keen to highlight the extensive
bureaucratic work that was carried out away from the spotlight:
“The different political groups are proportionally represented in the Committees,
which are the real places where policy content is defined at the parliamentary
level. To assert one's position – in addition to the mere strength of numbers,
which matters – the various Rapporteurs are essential, as they play a crucial
role in drafting the legislative measure and representing the group's position
in the writing of amendments, for example. Their role is also fundamental in
trilogues with the Council and the Commission. Resolutions and opinions are
also very important, as they are a significant tool of political influence.
In the case of the DSA, the dossier was assigned to the IMCO committee
(Internal Market and Consumer Protection), where the S&D group played a
central role thanks to the appointment of the lead rapporteur, Hon. Christel
Schaldemose.
In addition to formal tools, the dialogue with civil society, universities,
trade associations, and market actors is fundamental, with whom we build a
continuous exchange.”
Now the challenge of the Digital Service Act is its enforcement; its
success will in fact depend on the ability of national authorities and the
Commission to apply it rigorously.
[1] https://www.socialistsanddemocrats.eu/publications/sds-additional-measures-response-social-media-issues
[2] https://www.kyivpost.com/post/46834
[3] https://www.globalist.it/world/2025/01/29/le-ong-chiedono-a-ursula-von-der-leyen-di-non-farsi-intimidire-da-trump-e-musk-sulle-normative-tech/
[4] https://www.theguardian.com/world/2025/jan/29/europe-must-not-be-bullied-by-trump-and-musk-on-tech-laws-ngos-say
[5] https://www.amnesty.eu/news/amnesty-international-position-on-the-proposals-for-a-digital-services-act-and-a-digital-markets-act/
[6] https://constitutionaldiscourse.com/the-eu-digital-services-act-and-freedom-of-expression-friends-or-foes/
[7] https://eu.boell.org/en/2025/02/18/trump-vs-europe-role-digital-services-act
[8] https://www.nytimes.com/2024/12/30/technology/trump-administration-speech-policy.html?smid=nytcore-ios-share&referringSource=articleShare
[9] https://www.politico.eu/article/elon-musks-x-eu-safe-space-free-speech-digital-services-act/
[10] https://www.socialistsanddemocrats.eu/channel/digital-services-act-people
[11] https://www.europarl.europa.eu/RegData/questions/ecrites/2020/003930/P9_QE(2020)003930_EN.pdf
[12] https://www.europarl.europa.eu/doceo/document/P-10-2024-001375_EN.html
[13] https://epd.eu/news-publications/civic-discourse-and-electoral-processes-in-the-risk-assessment-and-mitigation-measures-reports-under-the-digital-services-act-an-analysis/?utm_source=chatgpt.com
[14] https://www.europarl.europa.eu/legislative-train/theme-a-europe-fit-for-the-digital-age/file-digital-services-act
[15] https://www.europarl.europa.eu/RegData/etudes/BRIE/2021/689357/EPRS_BRI(2021)689357_EN.pdf
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