Commission investigation needed into whether Zuckerberg’s changes violate the EU’s Digital Services Act
The European Commission must assess Meta’s new moderation policy which allows users to make allegations of mental illness on the basis of an individual’s sexuality, MEP Maria Walsh has said.
MEP Walsh, member of the European Parliament’s Justice & Home Affairs Committee, has submitted a question to the European Commission seeking clarity on whether Zuckerberg’s new moderation policy is in violation of the EU’s Digital Services Act (DSA).
Speaking in the European Parliament in Strasbourg, MEP Maria Walsh said:
“One of the most distressing changes to Meta’s content moderation policy is that users across Facebook, Instagram and Threads will now be able to make allegations of mental illness or ‘abnormality’ against a person on the basis of their gender or sexuality.
“While the guidelines prohibit abuse based on a person’s mental health, there is a specific caveat that allows users to accuse LGBTQI people of being mentally ill because they are gay or transgender.
“Homosexuality was classified as a mental illness by the World Health Organisation until 1990 – yet we’re seeing Zuckerberg introduce these policies in 2025. These changes are a serious rollback of protections that were hard fought for.
“We are not, however, powerless in the face of these regressive policies. The EU’s Digital Services Act was passed in 2024 and requires platforms to assess the risks their services may cause in the EU, including causing harm to fundamental rights and risks to gender-based violence and mental/physical well-being.
“I have submitted a question to the European Commission seeking clarity on whether these changes pose a risk under the DSA, and whether Meta is in violation of the DSA by failing to mitigate such risks.
“A full investigation by the Commission is needed to determine whether Meta is now in violation of the DSA. The consequences are steep; Meta could face a fine of up to 6% of their annual global turnover if found guilty. Additionally, the Commission can impose daily fines of up to 5% of their average daily worldwide revenue for each day they delay in meeting the required remedies or commitments.
“Action from the Commission must match the pace of changes coming from the online tech giants. If the Commission fails to act fast, the power of the DSA is greatly diminished.”
