US Congress hearing set to tease tensions with EU over digital rulebook

A hearing in the US House of Representatives on EU digital policy on Wednesday is set to reflect the growing divide between the EU and US on how to regulate big tech companies. 

The grilling in the Judiciary Committee, called “Europe’s Threat to American Speech and Innovation”, is meant to highlight how “European online censorship laws (…) threaten Americans' right to speak freely online.”

EU laws and particularly the AI Act and Digital Markets (DMA) and Services Acts (DSA), have come under fire from the moment Republican President Donald Trump returned to the White House in January. US government officials as well as CEOs of the US tech giants have piled on criticism and claimed the rules are unfair.

The DSA, which entered into force in 2023 and aims to curb illegal online content, has been swept into a storm of political debate over free speech in the US, with Trump supporters claiming it’s an effort to silence conservative opinions.

Since the DMA and DSA took effect, the EU executive has begun several investigations into US companies, including Google, Meta and Apple. None of the DSA probes have been wrapped up yet.

Jim Jordan, chairman of the US Congress, led a delegation of lawmakers to the EU in August where he met EU Tech Commissioner Henna Virkkunen to discuss the laws. "Nothing we heard in Europe eased our concerns” about the DSA, Jordan said in a statement afterwards.

EU reaction

There will be no representatives from the EU-side to counter the narrative at the hearing. Former Internal Market Commissioner Thierry Breton has said he will not testify before the committee. The European Commission previously warned that former commissioners cannot give statements without prior authorisation.

Virkkunen, who was not formally invited, said on Monday in a letter to Jordan that the DSA is “sovereign legislation of the EU” and that it applies to all companies no matter where they are located.

She repeated that the DSA “fully respects and supports fundamental rights, including freedom of expression”, adding that some concerns such as protecting minors and consumers online, are shared “across the Atlantic”.

“We remain committed to an open dialogue,” the letter added.

Virkkunen was criticised last week for not responding publicly to threats by Trump to impose tariffs on countries whose technology regulation hits American companies. 

Some EU lawmakers told Euronews that they are unhappy with the lack of response following Trump’s remarks last week, when he warned: “Show respect to America and our amazing Tech Companies or consider the consequences.”

A Commission spokesperson then defended Virkkunen, saying that “she will fight back against all unfounded claims, she has done so, she will continue to do it.”

The US hearing will not only cover EU rules, but also the UK’s Online Safety Act (OSA), which similarly tries to protect users, especially children, from online harm. Earlier this year, the UK regulator sent letters to US-based companies telling them they need to conduct risk assessments under the law, or risk hefty penalties.

A confirmed speaker is Nigel Farage, a UK lawmaker, leader of the far-right Reform UK party, and a vocal supporter of Trump.