With less than one week left in the European Commission’s Call for Evidence on the Digital Fairness Act (DFA), criticism is growing over how the public consultation has been structured. Many European citizens, organisations, and companies say the process favours those supporting tighter digital regulation.
Participants using the Have Your Say portal report that only supporters of new rules can justify their opinions with detailed responses. Those opposing more regulation face a single option – “No actions are needed” – without any opportunity to explain their reasoning.
Observers warn that such a format risks distorting future policy. Since consultation results feed into the official impact assessment, biased questions could mean only part of Europe’s voice is heard. This could ultimately influence digital legislation affecting millions of users and businesses across the continent.
Experts argue this design goes against the European Union’s own Better Regulation principles, which demand fairness, balance, and inclusion in policymaking. They note that even first-year political science students learn that surveys must avoid loaded or one-sided questions.
The issue is not new, but its reappearance in a major EU digital policy raises serious concerns about transparency and trust. Critics say the Commission has the resources to design neutral surveys that welcome all viewpoints and support evidence-based policymaking.
The debate over the DFA consultation exposes deeper tensions in how Europe listens – or fails to listen – to its citizens.
