Procaccini and Jaki: The decision raises serious questions about proportionality, neutrality and the direction of EU digital policy

The European Conservatives and Reformists Group sharply questions the decision by the European Commission to impose a €120 million fine on X under the Digital Services Act (DSA) — the first such penalty since the law entered into force. For ECR Co-Chairmen Nicola Procaccini and Patryk Jaki, the ruling highlights deep structural problems in how the DSA is being interpreted and enforced.

ECR Co-Chairman Nicola Procaccini said:

“When the Commission imposes a nine-figure fine for issues that are themselves defined in vague and highly subjective terms, proportionality and neutrality must be questioned. A digital law that lacks legal certainty risks becoming an instrument of political discretion.”

He stressed that transparency obligations cannot become a pretext for punitive action targeted at individual companies:

“Europe needs predictable enforcement, not headline-driven decisions that deepen transatlantic tensions and undermine trust in the EU’s regulatory intentions.”

ECR Co-Chairman Patryk Jaki warned that the ruling reinforces concerns that the DSA is evolving into a framework where platforms adjust behaviour not to clear legal obligations, but to avoid political conflict with Brussels:

“If companies begin to fear that design choices or disputed interpretations of transparency may lead to massive fines, the outcome will not be greater safety — it will be more self-censorship and less open debate. A democracy should never build incentives that favour silence over openness.”

“The decision risks creating the impression that compliance is being assessed against evolving expectations rather than clearly defined obligations — a development that could add uncertainty for platforms and, in the long run, pose risks for freedom of speech and expression.”

The ECR Group notes that the Commission itself struggled to explain the calculation of the €120 million fine, referring only to “proportionality” rather than any measurable formula. This lack of clarity adds to concerns among lawmakers, researchers and industry that the DSA is being applied with excessive discretion.

The ECR Group will request further explanations from the Commission regarding the proportionality assessment and will continue to push for a DSA that protects users without creating avenues for politicised or arbitrary enforcement.