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The US Secretary of State Marco Rubio has instructed diplomats across Europe to lobby against the European Union’s Digital Services Act (DSA), arguing it restricts freedom of speech and unfairly targets American tech companies.

According to a diplomatic cable seen by Reuters, Rubio signed off on a directive dated 4 August ordering US embassies to engage European officials and push for changes to the landmark legislation.

Rubio wants a campaign to amend or repeal the law

The DSA came into force earlier this year as part of the EU’s efforts to regulate digital platforms. It requires large tech firms to do more to tackle illegal online content, including hate speech, misinformation and child abuse material.

But Washington views the rules as overreaching. The cable, described as an “action request”, says the DSA imposes “undue” restrictions on expression and burdens US firms with excessive compliance costs.

Diplomats were told to lobby for “repeal and/or amendment” of the DSA or related laws across the EU’s 27 member states.

“Posts should focus efforts to build host government and other stakeholder support,” the directive said, adding that suggested talking points would be provided.

It also urged envoys to track incidents of what it called “censorship”, defined as any state or corporate action to suppress protected expression. Examples listed included arrests, court cases and online suspensions involving US citizens or firms.

The US State Department declined to comment. The office of EU tech commissioner Henna Virkkunen did not immediately respond to a request for comment.

A key concern for Washington is the DSA’s broad definition of “illegal content”. The US wants that definition narrowed to protect political and religious speech.

Officials are also calling for the EU to scale back fines for non-compliance and reconsider its use of “trusted flaggers”, groups empowered to report problematic content directly to platforms.

They also suggest rolling back the Code of Practice on Disinformation, a framework set up under the DSA that the US says enables overly restrictive content moderation.

In March, the head of the US Federal Communications Commission said the DSA clashed with America’s First Amendment traditions.

Vice President JD Vance has previously accused the EU of suppressing speech by right-wing parties, including Germany’s AfD, remarks that drew sharp criticism from European leaders.

American tech firms back Washington’s stance

Major US platforms have also voiced concern. Meta, which owns Facebook and Instagram, has warned the rules risk turning into censorship. Elon Musk, owner of X (formerly Twitter), has also pushed back on EU content moderation policies.

Other US tech giants, including Google-owner Alphabet, and Amazon, have remained relatively quiet but are widely seen as affected by the DSA’s strict requirements.

President Trump has made online free speech a central issue, accusing the previous Biden administration of encouraging censorship. In a high-profile ruling last year, the US Supreme Court found the Biden White House had not violated free speech protections when urging platforms to limit misinformation on vaccines and elections.

Now, under Trump’s leadership, Rubio has taken a harder line. In May, he floated visa bans for foreign officials who “censor” Americans online and hinted that regulators targeting US companies could face consequences.

Despite US objections, the EU maintains that the DSA is not aimed at American firms.

“This legislation will not be changed. The DMA and the DSA are not on the table in the trade negotiations with the US,” Commission spokesperson Thomas Regnier said earlier this year.

European officials insist the rules are necessary to ensure safety and transparency in the digital space, and to hold tech platforms accountable.

Whether Washington’s diplomatic pressure will sway EU capitals remains unclear. But the move marks a rare and public transatlantic clash over how to govern the online world, one that could shape global tech regulation for years to come.

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