The European Union has launched an investigation into social media giant X, formerly known as Twitter, over suspected breaches of obligations under the Digital Services Act (DSA), marking the EU's inaugural probe under the legislation.
The DSA, which became effective in November of the previous year, mandates that major online platforms and search engines take more assertive measures against illegal content and threats to public security.
X (formerly Twitter) CEO Elon Musk raises speaks during the Atreju political meeting organised by the young militants of Italian right wing party Brothers of Italy (Fratelli d'Italia) on December 16, 2023 at the Sant'Angelo Castle in Rome.
Fighting Unlawful Content
Following the October attacks by Hamas on Israel, EU industry chief Thierry Breton dispatched letters to X, Meta, TikTok, and Alphabet, reminding them of their responsibilities under the DSA to combat harmful and illegal content, per Reuters. While the social media platforms responded by highlighting their efforts to counter disinformation, Elon Musk, the owner of X, contested Breton on the disinformation charge.
"I remind you that following the opening of a potential investigation and a finding of non-compliance, penalties can be imposed," Breton stated at the time, as quoted by CNBC.
In reply, Linda Yaccarino, the CEO of X, communicated with Breton, stating that the company is proactively addressing the operational requirements amidst the rapidly changing and evolving conflict.
"X is committed to serving the public conversation, especially in critical moments like this, and understands the importance of addressing any illegal content that may be disseminated through the platform," Yaccarino stated, as quoted by The Guardian. The X CEO asserted that the platform does not tolerate the presence of terrorist organizations or violent extremist groups, actively removing such accounts in real-time through ongoing and preemptive initiatives.
Of the group of large tech companies facing heightened scrutiny under the DSA, X is the sole recipient of a formal request for information thus far. X has asserted its commitment to DSA compliance and is actively cooperating with the regulatory process, underscoring the significance of a politically unbiased and lawful investigation.
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The focus of the EU investigation will be on countering the dissemination of illegal content in the EU and assessing the effectiveness of measures taken to combat information manipulation, including X's "community notes" system. Since its inception in November 2022, the DSA has mandated platforms like X to mitigate the risk of disinformation and implement rigorous procedures to remove hate speech while upholding freedom of expression. Violations could result in fines of up to 6% of global annual revenues.
Vu, merci.
— Thierry Breton (@ThierryBreton) October 10, 2023
You are well aware of your users’ — and authorities’— reports on fake content and glorification of violence.
Up to you to demonstrate that you walk the talk.
My team remains at your disposal to ensure DSA compliance, which the EU will continue to enforce rigorously.
X Under Scrutiny
Formal infringement proceedings will scrutinize X's compliance with duties related to countering illegal content dissemination, the effectiveness of anti-information manipulation measures, and efforts to enhance transparency. The investigation will also examine a suspected "deceptive design" of X's user interface, focusing on the platform's "blue checks" that denote verified accounts. X contends that these checks signify verified accounts with active subscriptions to the X Premium service, meeting specific eligibility criteria.
Additionally, Elon Musk's X is facing a separate complaint from privacy activist Max Schrems, alleging the unlawful use of individuals' political views and religious beliefs for targeted advertising.
While Facebook, TikTok, Google, and Microsoft had agreed to a code of conduct under the DSA, X exited the code in May. Breton issued a warning, asserting that despite voluntary commitments, fighting disinformation would become a legal obligation under the DSA as of August 25, according to The Guardian. The EU teams are poised for enforcement, emphasizing the impending legal obligations for disinformation combat under the DSA.
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