INTERNET SHUTDOWNS IN 2023 19 Platform blocking in 20236 the killing of teenager Nahel Merzouk in June 2023, French President Emmanuel Macron spoke for the first time about the possibility that France would block social media platforms if riots got out of control.77 Responding to Macron’s remarks, the European Commissioner for Internal Market, Thierry Breton, also suggested that arbitrarily blocking online platforms could be justified and enforced under the EU’s Digital Services Act (DSA).78 65 other organizations, Access Now sent an open letter to Commissioner Breton urging him to clarify his remarks and affirm that arbitrary internet shutdowns and social media blocking are unlawful under the DSA.79 Commissioner Breton responded swiftly, confirming that “[the] DSA is here to protect free speech against arbitrary decisions, and at the same time protect our citizens and democracies,” and it would not be used to normalize the use of internet shutdowns.80 Although the authorities did not follow through with a social media blackout in France, these remarks were alarming and raised serious concerns. Together with 77 The Washington Post (2023). Macron says social media could be blocked during riots, sparking furor. https://www.washingtonpost.com/world/2023/07/06/france-macron-social-media-block-riots/ 78 France Info (@franceinfo). X post. 7:04 am. July 10, 2023. https://x.com/franceinfo/status/1678299190030487553/ 79 Access Now (2023). DSA is not a censorship tool: Commissioner Breton must clarify blocking statement. https://www. accessnow.org/press-release/dsa-internet-blocking/ 80 Supra note 18.

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