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Is CEO Zuckerberg exposing Facebook to EU sanctions?
EU strengthens its stance on illegal hate speech by integrating a new voluntary framework into existing legislation. Meta CEO Mark Zuckerberg has repeatedly emphasized the balance between freedom of expression and user safety; however, it seems he wants to change the company’s approach to content moderation in a way that may challenge the revised “Code of conduct on countering illegal hate speech online+".
On 20 January 2025, the revised Code of conduct on countering illegal hate speech online + (the ‘Code of conduct+’) was integrated into the regulatory framework of the Digital Services Act (DSA), following a positive assessment from the Commission and the European Board for Digital Services (‘the Board’). Under the newest EU decision —embedded in the Digital Services Act (DSA)—platforms like Facebook and Instagram must adopt rigorous policies for detecting and removing unlawful content, or face substantial fines. Yet reports suggest that Zuckerberg is seeking to scale back certain moderation tools, focusing instead on broader user autonomy and algorithmic tweaks to optimize engagement. Critics argue that loosening the rules around harmful content might run counter to the EU’s stricter requirements, exposing Meta to reputational and financial risks. Zuckerberg’s next moves will be closely watched, as EU lawmakers remain resolute about curbing hateful or violent speech while preserving the essential freedoms that define online discourse.
On 20 January 2025 the European Commission, together with the European Board for Digital Services, adopted the revised “Code of conduct on countering illegal hate speech online+” under the umbrella of the Digital Services Act (DSA). This enhanced Code of Conduct (Code of conduct+) signals a renewed commitment to identifying and removing content defined as illegal hate speech by EU and national laws.
Signed by leading platforms including Facebook, Instagram, TikTok, X, YouTube, Microsoft and others, the Code of conduct+ updates the initial 2016 agreement by introducing clearer guidelines, tougher enforcement measures, and regular monitoring of compliance. Crucially, this integration offers signatory platforms a way to demonstrate their alignment with the DSA’s stringent requirements to mitigate illegal content risks—particularly relevant as the DSA’s enforcement framework now imposes significant penalties for non-compliance, reaching up to 6% of a company’s global annual revenue.
Meta CEO Mark Zuckerberg has repeatedly emphasized the balance between freedom of expression and user safety. However, with the new Code of conduct+ built into the DSA, his platforms--Facebook and Instagram—must ensure they implement effective measures against illegal hate speech, or risk facing substantial fines and reputational damage. An added layer of accountability comes from the compulsory, annual independent audits that will assess each Very Large Online Platform’s (VLOP’s) adherence to the Code’s commitments, as well as their overall compliance with the DSA.
The overarching objective is to foster a healthier digital environment in which European citizens can freely engage without encountering hateful or violent content. Alongside stricter rules, the DSA also promotes a culture of transparency, expecting platforms to publish detailed reports about their content moderation processes and collaborate actively with regulatory bodies.
Ultimately, the integration of the Code of conduct+ into the DSA underlines the EU’s collective determination to clamp down on illegal hate speech. By combining voluntary industry commitments with robust legal obligations, it aims to strike a balance between preserving freedom of expression and protecting individuals from harmful online content—shaping a more accountable internet for everyone.
Signed by leading platforms including Facebook, Instagram, TikTok, X, YouTube, Microsoft and others, the Code of conduct+ updates the initial 2016 agreement by introducing clearer guidelines, tougher enforcement measures, and regular monitoring of compliance. Crucially, this integration offers signatory platforms a way to demonstrate their alignment with the DSA’s stringent requirements to mitigate illegal content risks—particularly relevant as the DSA’s enforcement framework now imposes significant penalties for non-compliance, reaching up to 6% of a company’s global annual revenue.
Meta CEO Mark Zuckerberg has repeatedly emphasized the balance between freedom of expression and user safety. However, with the new Code of conduct+ built into the DSA, his platforms--Facebook and Instagram—must ensure they implement effective measures against illegal hate speech, or risk facing substantial fines and reputational damage. An added layer of accountability comes from the compulsory, annual independent audits that will assess each Very Large Online Platform’s (VLOP’s) adherence to the Code’s commitments, as well as their overall compliance with the DSA.
The overarching objective is to foster a healthier digital environment in which European citizens can freely engage without encountering hateful or violent content. Alongside stricter rules, the DSA also promotes a culture of transparency, expecting platforms to publish detailed reports about their content moderation processes and collaborate actively with regulatory bodies.
Ultimately, the integration of the Code of conduct+ into the DSA underlines the EU’s collective determination to clamp down on illegal hate speech. By combining voluntary industry commitments with robust legal obligations, it aims to strike a balance between preserving freedom of expression and protecting individuals from harmful online content—shaping a more accountable internet for everyone.
What will happen now?
It is difficult to give a definitive answer regarding how effectively the Code of Conduct will be respected, because much depends on both the interpretation of Mark Zuckerberg’s statements and on Meta’s (Facebook and Instagram) concrete commitment to complying with European regulations.
However, there are several key points to consider:
The Code of Conduct+ is voluntary, but strategic for DSA compliance
The DSA provides for very high sanctions
Zuckerberg’s statements and freedom of expression
Annual audits and transparency
In conclusion, although Mark Zuckerberg’s statements can sometimes be seen as more ‘open’ toward freedom of expression, Meta (which includes Facebook and Instagram) will still have to balance its approach with the obligations under both the DSA and the Code of Conduct+. The possibility of incurring large fines and the public pressure to maintain a safe online environment will be a powerful incentive to uphold these commitments.
However, there are several key points to consider:
The Code of Conduct+ is voluntary, but strategic for DSA compliance
- Even though adherence to the Code of Conduct+ is not a legal obligation in itself, the Digital Services Act (DSA) strongly encourages platforms to sign and implement codes of conduct to demonstrate that they are effectively managing the risks related to illegal content.
- If Meta decides to join, it will need to prove that it is fulfilling the commitments of the code to avoid being reported for non-compliance with the DSA.
The DSA provides for very high sanctions
- For platforms designated as Very Large Online Platforms (VLOPs), failure to comply with DSA rules can lead to penalties of up to 6% of their global turnover.
- Meta falls into the VLOP category, so any non-compliance could have significant economic and reputational consequences.
Zuckerberg’s statements and freedom of expression
- Mark Zuckerberg has repeatedly stated that he wants to support freedom of expression on the platform while simultaneously combating hate speech and disinformation.
- In practice, he will still need to find a balance between this vision and the obligation to comply with European laws (including the principles of the DSA and provisions on illegal hate speech).
Annual audits and transparency
- Platforms that adhere to the Code of Conduct+ and are designated as VLOPs must undergo annual independent audits, during which their commitment and results in removing illegal content are reviewed.
- In other words, actual compliance with the code can be monitored and measured, increasing the pressure on platforms to genuinely act in line with the commitments they have made.
In conclusion, although Mark Zuckerberg’s statements can sometimes be seen as more ‘open’ toward freedom of expression, Meta (which includes Facebook and Instagram) will still have to balance its approach with the obligations under both the DSA and the Code of Conduct+. The possibility of incurring large fines and the public pressure to maintain a safe online environment will be a powerful incentive to uphold these commitments.
The EU Sanctions
In the event that an online platform fails to comply with the obligations set out by the Digital Services Act (DSA), the sanctions can be quite substantial, especially for those designated as Very Large Online Platforms (VLOPs) or Very Large Online Search Engines (VLOSEs).
Below are the main types of sanctions:
Up to 6% of global annual turnover
In general, the extent of the sanctions depends on the nature of the violation, its severity and duration, as well as the cooperation offered by the platform during the verification and compliance process. The goal is to ensure that platforms take EU rules on content and transparency seriously and implement appropriate measures to protect users and combat illegal content.
Below are the main types of sanctions:
Up to 6% of global annual turnover
- The Commission may impose a fine of up to 6% of the platform’s worldwide annual turnover in the event of serious or repeated DSA violations.
- This threshold was established to incentivize compliance, taking into account that large platforms operate on an international scale.
- In cases of non-cooperation or if the platform does not remedy the violations within the specified time limits, daily or periodic penalties may be imposed, usually expressed as a percentage of daily turnover.
- In situations of systematic violations or non-compliance with sanctions, the DSA even provides for the possibility of requesting the temporary interruption of service (“blocking measure”) in a Member State or across the entire EU.
- This extreme measure would only be applied if all other enforcement actions were ineffective in ensuring compliance.
In general, the extent of the sanctions depends on the nature of the violation, its severity and duration, as well as the cooperation offered by the platform during the verification and compliance process. The goal is to ensure that platforms take EU rules on content and transparency seriously and implement appropriate measures to protect users and combat illegal content.
© Copyright eEuropa Belgium 2020-2025
Source: © European Union, 1995-2025
© Copyright eEuropa Belgium 2020-2025
Source: © European Union, 1995-2025