BRUSSELS — New powers proposed for the EU’s border police Frontex to monitor social media pose a threat to free speech, European lawmakers and civil society groups have told POLITICO.

The EU Commission’s proposal Tuesday for a major revamp of the coast and border patrol agency included a broad and explicit mandate to monitor social media for information that aids or encourages illegal border crossings into the European Union.

Social democratic Italian lawmaker Brando Benifei told POLITICO it was “legitimate” for authorities to remove online advertisements for human smuggling: “But a broad social media surveillance mandate goes much further, placing online speech under a border agency’s watch.”

After a 2019 monitoring tender with similar powers was revoked over criticism about privacy violations, Benifei said “the Commission now proposes copying ICE’s invasive online tracking,” referencing the much-criticized surveillance tactics of the U.S. Immigration and Customs Enforcement agency.

Under the EU proposal, Frontex would set up an internal structure to monitor social media and report to the platform in question the content it says is facilitating illegal entry to EU countries. This comes as the Commission is seeking to double the agency’s budget for the next seven years and vastly expand its powers to deport people.

The EU already has several structures that facilitate the exchange of information between civil society, social media platforms and authorities when it comes to disinformation campaigns or illegal content. These include a rapid response system on disinformation campaigns under the Digital Services Act (DSA), the EU’s landmark law regulating digital platforms, as well as a recently established democratic resilience center.

Policing content

Brussels must tread a careful balance not to police individual pieces of content, especially given criticism from civil society activists that it is trying to become the arbiter of truth online. The legality of content is set by countries, which assign their authorities or civil society to monitor the platforms for problematic postings to be flagged to the platforms to be taken down.

Frontex would apply for trusted flagger status under the DSA, which gives priority to the content it flags to social media platforms. Entities that apply for this status have to demonstrate expertise and independence to a national authority, which grants them special status.

“The DSA’s trusted flagger program was never conceived for police forces to circumvent due process when assessing the legality of people’s online expression,” said Jan Penfrat, senior policy advisor at civil society group EDRi.

The Commission’s initial communication suggested Frontex “will be acting” as such an entity, which EU tech chief Henna Virkkunen later clarified meant they would apply for it. That application would have to be reviewed by a national authority to check Frontex’s independence and expertise in that area.

Polish right-wing MEP Piotr Müller told POLITICO that the “mandate must be precise” in focusing on criminal networks. “Frontex should go after smugglers and human traffickers, not police opinions about migration.” Müller is among those that criticize the DSA as policing free speech online.

Executive Vice President Virkkunen announced the news at a meeting Tuesday of signatories of the DSA’s code of conduct on disinformation, some of whom are trusted flaggers. Questions around the implications of the measures for freedom of speech and assembly came up in the closed-door meeting. According to two attendees, Renate Nikolay, deputy director general of DG CONNECT, the Commission’s tech department, tried to assuage the free-speech concerns.

Other lawmakers took a positive, yet reserved, stance towards the changes in Frontex’s mandate. The EU’s migration authorities “need the tools to respond to the changing threats at Europe’s borders, including smugglers using social media to spread lies and promote dangerous crossings,” which can include “better monitoring and information-sharing,” Regina Doherty, a center-right MEP from Ireland told POLITICO.

But “the priority now is to get the detail right so authorities can act quickly within a clear legal framework, and platforms take responsibility for illegal content,” she pointed out.

Austrian center-right MEP Andreas Schwab said that “social media clearly is becoming more and more a concern, but we should not have too many tools – let’s make use of the DSA.”

Another MEP who knows the agency well was more blunt. Fabrice Leggeri, a former director of Frontex who hails from the far-right French National Rally party, said that the new powers amounted to an “attempt to censor freedom of speech in Europe” by Commission President Ursula Von der Leyen.

The Commission didn’t respond to POLITICO’s repeated requests for comment on Frontex’s expertise in this domain.

Max Griera contributed to this report.

Six weeks after the EU unveiled its much-anticipated proposal to protect kids across the bloc from social media, European governments are pressing ahead with their own rules. 

National political leaders had spent months asking for unified age restrictions for social media access across the European Union, to avoid 27 different sets of rules. European Commission President Ursula von der Leyen’s response came in September with the EU Kids Act, a signature initiative of her second term that would ban under-13s from accessing most current social media platforms and severely restrict access for under-15s. 

But it is becoming clear that individual countries don’t want to wait for the Brussels legislative wheels to turn — and in some cases, are proceeding with national laws that would kick even more kids off the platforms than what von der Leyen has in mind.  

“While we wait for the EU Kids Act – we are pushing forward with national legislation,” Denmark’s digital minister Christina Egelund said. “The problems are urgent. Children and parents should not be asked to wait.” 

Last week, Greece’s parliament passed a bill to bar social media access for under-15s, while Italy’s own stalled efforts to shield under-14s suddenly found new winds.  

By Thursday, the Commission will have to give the first indication of how it will deal with national laws. Its response to Austria’s proposal to bar social media access for under-14s will be the first test case.

Capitals continue to ultimately favor a unified EU law, which is in line with existing rules that give Brussels oversight of big platforms like Instagram and TikTok. A harmonized law also avoids fragmenting the market with different rules in different countries.  

Yet agreeing on a final text for the legislation and implementing the Kids Act will take more than a year — too long for national leaders eager to show they are serious about protecting the mental health of kids and reining in Big Tech. The age at which limits are set is also a sticking point, with countries preferring various thresholds between 13 and 16.  

“Greece decided to move forward with its own legislation on minors’ access to social media because protecting children is a pressing issue that calls for timely and concrete action,” a spokesperson for the country’s digital ministry said. “We have a responsibility to address an issue that is already affecting the daily lives of children and their families,” they said, adding that the Greek law is “complementary” to the EU’s and that Athens is still in favor of a bloc-wide solution.  

Portugal formally notified the Commission of its own law a little over a week after the Kids Act was proposed, formally asking the EU executive to say if Lisbon’s plans are in line with European rules. Cyprus’s ministers approved their own ban for under-15s on the day Brussels proposed its law. Austria and Germany have also not shown any signs of slowing down. Many of these countries had backed an EU-wide solution.  

The current trajectory could create a confusing situation for minors, who may find themselves locked out of social media in January 2027 only to then regain access under parental controls once the Kids Act is implemented later that year or in 2028. 

The Commission had stressed that the law would bring about “maximum harmonization,” meaning national laws would be scrapped if and when the EU-wide measures came into force.  

When France first formally informed the Commission of its national law to ban social media access for under-15s, “we said very clearly: you should be able, and you should be ready to repeal this law once there are European measures in place,” a senior Commission official told reporters when announcing the law in September.  

But a few weeks later, Commission spokesperson Thomas Regnier told POLITICO that the EU executive was still considering how to respond to the laws that have been submitted to be checked for compatibility with European rules.  

The Kids Act will have to be negotiated between the Commission, the European Parliament and EU governments, meaning it may not be finalized for months. It would then come into force six months later. The senior official estimated negotiations would take eight to 12 months starting next September, putting the implementation date well into 2028.  

Capitals had backed a pan-European solution in part because it allows enforcement to align with the landmark Digital Services Act, which gives the power to oversee big platforms like Instagram and TikTok to Brussels. Industry and some civil society groups were also supportive of an EU-wide solution because they wouldn’t have to deal with dozens of national laws and different ages in different countries.  

But public sentiment around social media and teen mental health has taken a severe turn for the worse in recent years, culminating in multimillion- and, in some cases, billion-dollar settlements against Meta and TikTok across the U.S.  

In the meantime, European leaders and von der Leyen have spent the last year promising the public age restrictions for social media.  

“A European age limit will send a much stronger signal to Big Tech – enough is enough,” said Denmark’s Egelund. “It will also place the responsibility firmly and directly on those who should bear it – the tech giants.”  

The EU’s border agency, Frontex, will be able to monitor social media for information about migration flows.

The European Commission on Tuesday unveiled a revamp of Frontex, strengthening its capabilities and capacity to tackle illegal migration. It will play a more prominent role in deporting people with no legal right to remain in the EU, including new powers to carry out return operations beyond the bloc’s territory and new oversight on social media.

The role of social media platforms in spreading information that contributes to illegal migration was central to the crisis in the Spanish exclave of Ceuta, where thousands of migrants illegally crossed the border within a few hours in July.

The new rules will create within Frontex “an online monitoring and response center to monitor publicly accessible social media content to detect developments relevant to external border management, and also to support action against illegal online content linked to border security risks,” EU tech chief Henna Virkkunen told reporters on Tuesday.

The agency will also “be acting as a trusted flagger under the Digital Services Act, flagging illegal content to online platforms, and requesting national authorities to issue removal orders where appropriate,” the Commission said in press material.

Being a “trusted flagger” under the DSA, the EU’s landmark social media rules, is a special status granted by national digital regulators. Content flagged by entities with this status is put on a fast track to be dealt with by online platforms.

Virkkunen said Frontex will apply for this status with national authorities, and she expected the border agency to be approved because of its “special expertise.”