In a groundbreaking move, the European Commission has initiated legal proceedings against social media giant X (formerly Twitter) under the Digital Services Act (DSA). The Commission is investigating potential breaches related to risk management, content moderation, dark patterns, advertising transparency, and data access for researchers. This marks the first instance of legal action under the DSA, a law designed to create a safer online space. The probe follows indications that X may have disseminated illegal content and disinformation, particularly during the Israel-Hamas war. If found in violation, the platform could face fines of up to 6% of its global turnover, amounting to approximately $264 million (€242 million) in 2022.
Unveiling X’s Turmoil Post $44-Billion Acquisition by Elon Musk
The legal action adds another layer of complexity to X’s challenges since Elon Musk’s $44-billion acquisition. With 112 million monthly active users across the EU, X is now classified as a “very large online platform” under the DSA, subjecting it to stringent norms. Musk has reportedly contemplated exiting the European market in response to the DSA’s provisions.
Investigation Focus: Alleged DSA Violations
The European Commission’s investigation zeroes in on four potential infringements under the DSA. These include concerns about the dissemination of illegal content, combating information manipulation, increasing transparency, and addressing the suspected deceptive design of X’s user interface. The “blue checkmark” verification system, a paid-for feature endorsed by Musk, comes under scrutiny.
Mounting Concerns Over X’s Role in Disseminating Disinformation
Fears about X’s role in spreading illegal content and disinformation intensified during the Israel-Hamas war. Graphic and illicit materials flooded social media platforms, and an October study pointed to “verified” X users as major contributors to viral information about the conflict. Allegations of anti-Semitic and Islamophobic posts alongside promoted content led to an advertiser exodus, including major companies like Apple, Disney, and IBM.
Commission’s Warning: “Too Big to Care” Era Ends
The Commission’s decision to proceed with legal action signifies a turning point. European Commissioner for the Internal Market, Thierry Breton, emphasized that the era of big online platforms behaving as if they are “too big to care” has come to an end. X is now under the Commission’s scrutiny, facing potential fines and a thorough investigation that includes interviews, on-site inspections, and access to algorithmic databases.
Musk’s Response and Ongoing Monitoring
Elon Musk’s reaction to the proceedings remains to be seen, but the Commission urges cooperation from X in the investigation. The company’s compliance with DSA obligations will be closely monitored, and further action may be taken if additional wrongdoing is detected. The probe, which does not have a specified deadline, underscores the European Commission’s commitment to enforcing online safety regulations.
Concerns Over X’s Measures and Transparency
The Commission expressed concerns over the effectiveness of X’s measures to tackle illegal and misleading content. Issues include a lack of content moderators proficient in the EU’s official languages and potential delays in implementing risk mitigation measures. The investigation will also address limitations on researchers’ data access, a point of contention since Musk’s takeover in April 2022.
Path Forward: Cooperation and Compliance Urged
As legal proceedings unfold, the European Commission emphasizes the importance of X’s cooperation in the investigation. The company’s response and actions in rectifying potential violations under the DSA will shape its future in the European market.
