The recent clashes between several democratic governments and the tech giants X (formerly Twitter) of Elon Musk and Telegram of Pavel Durov highlight a crucial problem that Europe needs to address: the urgent need to reclaim its digital sovereignty. What happened in Brazil and France is part of a global battle to control the digital public sphere, which is a fundamental issue for the very legitimacy of democracy. Europe must not only enforce its rules, but also take the lead and be able to create independent, democratically governed digital infrastructures that uphold common values.
Musk’s refusal to comply with court orders in Brazil, which has led to the partial blocking of X in the country, is a worrying sign that tech giants are increasingly behaving with impunity in the face of governments and courts. The fact that Section 2 of the order by Judge Alexandre de Moraes of the Brazilian Supreme Court, which sought to block access to VPNs and other tools that allow people to circumvent government bans, has been suspended clearly shows how complex it is to regulate such powerful entities.
This challenge parallels the current tensions in Europe, where the application of the Digital Services Act (DSA, The EU’s Internal Markets Commission (IMC) has put Big Tech squarely at odds with European regulators. Thierry Breton, EU Internal Market Commissioner, has stressed that platforms like X cannot be lawless spaces. Strict regulation is essential to ensure they do not endanger public safety.
The arrest in France of Telegram CEO Pavel Durov highlights the delicate balance between freedom of expression and platform accountability. Durov’s arrest, linked to allegations that Telegram does nothing to prevent criminal activity, has sparked a debate about the limits of free speech. Some libertarians argue that this is a dangerous precedent, but their stance ignores the all-important need to protect social norms and responsibilities.
Far-right groups, on the rise in Europe, are manipulating these cases to their own advantage, conflating technological responsibility with the denial of rights. These incidents remind us that democracies must never allow corporations to become so powerful that they can stand up to governments and courts. When corporations reach this level, they can distort public discourse, influence elections, evade taxes and deepen social divisions, which constitutes a direct threat to democracy.
The debate over platform liability and the balance between public and private power is not new. In the United States in the 1990s, the Clinton administration authorized commercial use of the internet, thereby facilitating American economic creativity. Regulatory exemptions, such as the Telecommunications Act of 1996 and Section 230 of the Communications Decency Act, exempted the internet from many existing regulations. This move paved the way for the rapid growth of digital platforms, but it also laid the groundwork for the monopolistic power and regulatory challenges we face today. The concentration of power in the digital economy makes it more difficult to achieve digital infrastructures that serve public needs and protect fundamental rights.
As Europe moves forward with the drafting of its new “digital constitution,” with regulations such as the DSA, the artificial intelligence law and the European Regulation on Freedom of the Media, Europe must demonstrate that it has not only the capacity to enforce these rules, but also the ambition to go further. Europe must guarantee digital independence, which is essential for prosperity, security and democracy.
To do so, Europe must create its own public digital infrastructures, spaces subject to democratic control and serving the public interest – a kind of BBC for the digital age. Just as traditional public institutions such as the BBC were created to provide impartial information and protect public interests, Europe now needs digital equivalents that can operate without corporate profit motives or excessive government intervention. These new digital public spheres would ensure that citizens can participate in democratic processes, have access to reliable information and take part in public discourse while respecting the values of transparency, accountability and public service.
If nothing is done, the consequences will be dire. When figures like Elon Musk use their platforms to give a voice to far-right views, support divisive leaders like Trump and Bolsonaro, and incite violence against immigrants and marginalized groups, they are not exercising freedom of expression, but undermining the fundamental principles that democracy stands for. The European response, with regulations like the DSA, is a necessary measure, but it must not stop there. By building and cultivating truly independent public digital infrastructures, Europe can safeguard its democratic values and ensure that the internet remains a space serving the public good, rather than becoming an instrument of those who want to erode the foundations of democracy.
If Europe finds the balance between public governance and private innovation and fosters environments where tech startups can thrive within a regulatory framework that protects rights and data, it will be defending its democratic values while promoting a healthy and vibrant innovation ecosystem, overcoming the hegemony of Big Tech. This strategy is in line with the recommendations of the Draghi Report on Competitiveness, commissioned by President von der Leyen, which emphasises the need for European investments in public goods, including digital infrastructure, to reduce the productivity gap in a new geopolitical era.
The consequences for Europe are very serious. At stake in this battle are its digital sovereignty and the legitimacy of its democratic institutions. The creation of independent and democratically governed digital infrastructures is not only necessary, but crucial for the future of democracy on the continent. We must act now, because the future of democracy itself depends on it.
Francesca Bria She is an economist, expert in digital policy and consultant to, among other institutions, the UN and the European Commission.
Translation of Maria Luisa Rodriguez Tapia.
