EU Urged to Tighten Anti-Hate Speech Rules & India Blocks Streaming Release of Critical Movie | The Free Flow 10/23/25

Plus new report tests chatbots and AI laws on free speech, unions sue over government surveillance of visa-holders, Kenya expands cybercrime law, and more!

This Week At A Glance 🔎

— 🇺🇲 Unions Sue Over Government Surveillance of Visa-Holders

— 🤖 New Report Tests Chatbots and AI Laws on Free Speech

— 🇰🇪 Kenya Expands Cybercrime Law to Block Websites

— 🇪🇺 France, Austria, Netherlands Urge EU to Tighten Anti-Hate Speech Rules

— 🇮🇳 India Blocks Streaming Release of Critical Movie

First of All 🇺🇲

» Labor Unions Sue U.S. Government Over Social Media Surveillance of Visa Holders

• Three major U.S. labor unions, the United Auto Workers (UAW), Communications Workers of America (CWA), and American Federation of Teachers (AFT), have filed a federal lawsuit against the Trump administration, alleging that government agencies are unlawfully monitoring and penalizing visa holders for their online speech.

• Details:

  • The lawsuit, filed in federal court in New York, names the State Department, Department of Homeland Security, U.S. Citizenship and Immigration Services, and Immigration and Customs Enforcement, as well as their agency heads.

  • The complaint argues that the administration used AI and automated tools to search social media posts for specific viewpoints — particularly criticism of the Trump administration, the U.S., or Israel — and revoked visas based on political expression.

  • At least six people reportedly had their visas canceled this week over social media comments about the assassination of conservative activist Charlie Kirk.

  • The unions are represented by the Electronic Frontier Foundation.

The Digital Age 🤖

» New Report Tests Chatbots and AI Laws on ‘Free Speech Culture’

• A new study by The Future of Free Speech finds that the next frontiers for free expression may be written not in social media codes—but in AI systems and the laws that govern them.

• The report, That Violates My Policies: AI Laws, Chatbots, and the Future of Expression, ranks six major jurisdictions and eight leading chatbots by how they handle lawful but controversial prompts.

• Findings:

  • xAI’s Grok 4 topped the ranking for openness to contested speech, followed by OpenAI’s GPT-5, Anthropic’s Claude Sonnet 4, Google’s Gemini 2.5 Flash, Meta’s Llama 4, and Mistral Medium 3.1.

  • China’s DeepSeek and Alibaba’s Qwen were found to be the most restrictive, routinely avoiding politically sensitive topics.

  • Across all models, “hard moderation” (outright refusals to generate content) is down, but “soft moderation” — steering users away from difficult subjects — remains.

  • The U.S. led the legal ranking for free speech protection in AI, though emerging state laws on “deepfakes” could narrow that lead.

  • The EU’s AI Act and Digital Services Act risk creating “a culture of self-censorship,” while China’s AI laws hard-code censorship into model design.

• “In our tests, some models are starting to engage instead of evade, but the rules shaping those choices are still vague and shifting. If democracies want a pluralist AI ecosystem, both lawmakers and companies need clearer, rights-based guardrails,” — Jordi Calvet-Bademunt

» Kenya Expands Cybercrime Law, Granting Sweeping Powers to Block Websites

• Kenya has adopted broad new powers to police the internet, alarming rights groups who warn that the country’s digital freedoms are under threat.

• Background:

  • President William Ruto signed the Computer Misuse and Cybercrime (Amendment) Act, 2024 into law on October 15, giving the National Computer and Cybercrimes Coordination Committee authority to order internet providers to block websites and applications without judicial review.

    • The committee—composed largely of security officials—may block content deemed to promote “pornography,” “terrorism,” or “extreme religious and cultic practices,” all undefined terms that could be used to silence dissent.

    • The law expands the offence of cyber harassment to include conduct “likely to cause” someone to commit suicide, a vague standard that could chill political or critical speech.

    • Human rights group Article 19 warned that the amendments violate international norms and “threaten to criminalize ordinary online expression.”

  • The amendments arrive in the wake of last year’s Gen-Z protests against the Finance Bill, during which officials accused critics of “cyberbullying” and called for stricter speech controls.

• What’s Next:

  • A second bill, still before parliament, would introduce metered internet billing and mandatory user registration, requiring providers to log names, IDs, and addresses before granting access.

  • Critics say the measure could expand state monitoring and stifle Kenya’s digital innovation.

» Russia Pushes a State-Controlled ‘Super App’ by Sabotaging Its Rivals

• A New York Times report shows that the Kremlin is accelerating efforts to build a “sovereign internet” through MAX, a new state-controlled “super app” modeled after China’s WeChat.

• Background:

  • The Russian government has throttled WhatsApp and Telegram calls, citing “antifraud” measures, while MAX connections remain clear, driving users to the new platform.

  • With Facebook, Instagram, and YouTube already banned or slowed, this marks Moscow’s latest move to replace Western tech with state-monitored alternatives.

  • MAX’s developer, VK, is controlled by allies of President Vladimir Putin and integrates messaging, digital ID, education, and government services into one platform.

  • Schools, celebrities, and public institutions are pressured to promote MAX, and phones are sold with it preinstalled.

  • The app’s legal disclaimer allows government access to user data, and registration requires a Russian or Belarusian SIM card, effectively excluding foreign users.

• Dive Deeper:

  • Analysts say Russia is building a system of control that mirrors China’s Great Firewall, enabling granular state surveillance while maintaining the appearance of voluntary adoption.

  • VPNs remain technically legal, but authorities are making them harder to use — a strategy meant to avoid mass backlash while tightening control.

» Michigan Bill Would Ban Adult Content and VPNs

• Six Republican legislators in Michigan have introduced the Anticorruption of Public Morals Act, a sweeping proposal that would not only outlaw adult content online but also ban the use, sale, and distribution of VPNs statewide.

• Background:

  • The bill’s provisions extend far beyond existing “age-appropriate design” or “content moderation” laws passed in other U.S. states.

  • It criminalizes a broad range of online materials — including ASMR, adult manga, AI-generated imagery, and even depictions of transgender people.

  • Internet service providers would be legally required to detect and block VPN traffic, while selling or advertising VPNs could carry fines up to $500,000.

  • The law applies to all residents — adults and minors alike — making it one of the most expansive attempts to control online speech and privacy tools in the U.S.

• VPN developers continue to roll out countermeasures — such as traffic obfuscation and RAM-only servers — designed to resist detection and safeguard user privacy.

» Auburn Instructor Sues University, Says She Was Fired for Anti-Kirk Post

• Former Auburn University lecturer Candice Hale has filed a federal lawsuit alleging she was unlawfully fired for a Facebook post criticizing right-wing activist Charlie Kirk following his assassination last month.

• Hale, who taught English, says the university’s actions violated her First Amendment rights.

• Details:

  • In her post, Hale wrote that she does not “mourn oppressors” or “show empathy” to “evil racist, fascist, misogynistic, homophobic, transphobic, xenophobic, mediocre white men.”

  • Days later, Auburn President Christopher Roberts announced that “multiple employees” had been fired over social media posts about Kirk’s death, though no names were provided.

  • Hale’s complaint argues that her remarks constituted speech on a matter of public concern and that her firing amounted to unconstitutional retaliation

• University Response:

  • Auburn officials declined to comment on the pending litigation. The lawsuit names six university administrators, including the president, the dean of the College of Liberal Arts, and several compliance and HR officials.

  • Hale alleges she was interrogated about her comments, asked if she owned weapons, and was later banned from campus.

  • She says she was not allowed legal counsel during disciplinary meetings and was offered severance in lieu of termination.

The Brussels Effect: Europe and Beyond 🇪🇺

» France, Austria, and the Netherlands Urge EU to Tighten Anti–Hate Speech Rules

• In an informal joint paper, France, Austria, and the Netherlands urged the European Commission to strengthen its fight against hate speech and cut EU funding to organizations deemed hostile to “European values.”

• Background:

  • The proposal follows a reported rise in antisemitic and racist incidents after the October 7 Hamas attacks and the war in Gaza.

  • The three countries call for Brussels and national governments to “redouble their efforts to combat racism, antisemitism, xenophobia and anti-Muslim hatred.”

  • They recommend enforcing existing budget rules to exclude entities accused of inciting hatred from EU funding programs, including Erasmus+ and CERV (Citizens, Equality, Rights and Values).

  • Beneficiaries would be required to sign pledges affirming adherence to EU values as a condition of support.

  • The paper also proposes expanding the EU’s criminal and operational response to hate crimes and tasking Europol with a new initiative to investigate hate-motivated offenses.

  • It urges education programs on tolerance and Holocaust remembrance across EU-funded initiatives.

• The joint paper comes in advance of a European Council meeting where national leaders are expected to focus on applying EU values to the digital sphere, with a priority on protecting minorities.

» Met Police to End ‘Non-Crime Hate Incident’ Investigations After Graham Linehan Case

• The Metropolitan Police announced it will stop investigating so-called non-crime hate incidents following public backlash over the arrest of Irish writer and satirist Graham Linehan, who was detained in September over social media posts about transgender issues.

• Background:

  • The Father Ted creator was arrested on suspicion of inciting violence after posting comments critical of trans activism; he was later hospitalized during questioning.

  • The Crown Prosecution Service confirmed “no further action” will be taken.

  • The Free Speech Union, which supported Linehan, said it will sue the Met for wrongful arrest, arguing police have “allowed themselves to be manipulated by activists.”

• Policy Change:

  • The Met’s statement said the change aims to “reduce ambiguity” and ensure officers “focus on matters that meet the threshold for criminal investigations.”

  • Met Commissioner Sir Mark Rowley reiterated that officers “should not be policing toxic culture war debates.”

Free Speech Recession 🌎

» Hong Kong Journalists Report Deepening Self-Censorship

• Five years after the imposition of the National Security Law, a new survey finds that press freedom in Hong Kong remains at historic lows, with journalists increasingly censoring themselves to avoid political repercussions.

• Background:

  • The Hong Kong Journalists Association (HKJA) released its latest Press Freedom Index in October, rating press freedom at 28.9 out of 100—only slightly above last year’s record low of 25.

  • The HKJA said the small increase “does not reflect any substantive improvement,” noting that the media environment remains severely constrained.

  • Since 2020, independent outlets critical of the government—including Apple Daily and Stand News—have been shuttered under broad national security charges.

  • The report highlights that self-censorship has become pervasive, driven by journalists’ fears of “negative repercussions” for reporting on politically sensitive topics.

  • Many reporters described the “chilling effect” as stronger than ever, with editors preemptively avoiding content that could be interpreted as critical of Beijing or local authorities.

» India Halts Streaming Release of Santosh, Extending Censorship Battle

• The Indian release of Santosh, the acclaimed feature debut of British-Indian filmmaker Sandhya Suri, has been paused just hours before its planned streaming premiere on Lionsgate Play.

• The move extends a long-running censorship dispute that has already blocked the film’s theatrical release in India over its portrayal of police brutality, misogyny, and discrimination.

• Details:

  • Santosh premiered in Cannes’ Un Certain Regard section in 2024 and has since screened internationally, including in the U.S. and UK.

  • India’s Central Board of Film Certification (CBFC) had demanded cuts that Suri refused, calling them “profoundly compromising to the integrity of the film.”

  • While streaming platforms are not legally required to submit films for certification, many are increasingly self-censoring to avoid government backlash or controversy.

» Russian Teen Singer Detained Over Viral Anti-Putin Protest Song

• Russian police have detained 18-year-old vocalist Diana Loginova, known by her stage name Naoko, after a video of her performing an anti-Putin song went viral online.

• Loginova performed “Swan Lake Cooperative,” a track written by rapper Noize MC that criticizes President Vladimir Putin’s regime and public indifference to the war in Ukraine.

• Details:

  • The performance took place during an unsanctioned gathering in St. Petersburg, where hundreds of young Russians joined in singing the banned protest song.

  • Loginova’s bandmates from Stoptime were briefly detained and questioned before being released.

  • Authorities have charged Loginova with “discrediting” the Russian Armed Forces and organizing an unauthorized public event — offenses that carry fines or up to 15 days in detention.

» France Strips Satirical Magazine of Press Status Over ‘Hate Speech’

• France’s Joint Commission for Press Publications (CPPAP) has withdrawn the press accreditation of La Furia, a far-right satirical quarterly co-founded by influencer Papacito, citing “content likely to be subject to criminal prosecution.”

• Background:

  • The decision, recently revealed by La Lettre, deprives La Furia of economic benefits normally reserved for recognized press outlets — including reduced VAT, postal discounts, and access to public aid.

  • The move follows complaints by anti-discrimination groups SOS Racisme and SOS Homophobie, which accused the magazine of publishing “racist, sexist, and LGBT-phobic” content.

  • While those complaints were ultimately dismissed, the CPPAP ruled that the publication’s tone and content removed its “character of general interest.”

  • CPPAP President Laurence Franceschini told AFP that “there is no censorship because it is not a ban on publication,” but admitted that such withdrawals “due to content” are extremely rare.

• The magazine has launched a legal challenge and a public campaign defending its right to “provoke and exaggerate.”

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Ava Sjursen is a communications intern at The Future of Free Speech and a student at Boston College studying communications and political science.

Justin Hayes is the Director of Communications at The Future of Free Speech and the Managing Editor of The Bedrock Principle.