“X designs and operates its interface for verified accounts with the blue check mark in a way that is inconsistent with industry practice and misleads users,” the European Commission said in a statement targeting Elon Musk’s social network. “Anyone can sign up to obtain such verified status, which undermines users’ ability to make free and informed decisions about the authenticity of the accounts they interact with. There is evidence that malicious actors are abusing this feature,” it added.
The indictment is a first under the new Digital Services Regulation (DSA), which came into force last year to protect internet users from harmful content. In 2023, European internet users accounted for 9% of the approximately 400 million monthly active users of X (formerly Twitter).
Musk fustige « un deal secret »
Brussels also considers that Elon Musk’s firm is violating its transparency obligations regarding the advertisements broadcast and access to the platform’s data for researchers. It could lead to a final decision of non-compliance in the coming months. If the group does not correct the deficiencies noted, it is exposed to financial sanctions of up to 6% of X’s annual global turnover, or approximately $240 million based on Twitter’s turnover in 2022.
“A democratized system that allows everyone to obtain a verified account is better than a feature granted only to a privileged few,” responded X’s executive director, Linda Yaccarino. Elon Musk expressed his wrath on X: “The DSA IS disinformation!” he replied, accusing Brussels of having tried to negotiate with him a “secret deal” to “censor content without saying it.” “We look forward to a very public battle in court, so that European citizens can know the truth,” he added. “No comment,” responded the European executive.
Multiple investigations
Brussels had expressed concern in September about the particularly high quantity of false information published on X, after tests carried out on several social networks. A preliminary procedure was opened on October 12, five days after the attacks by the Palestinian Islamist movement Hamas against Israel, then a formal investigation was launched in December.
The list of grievances was particularly long: low number of moderators, ineffective system for reporting illegal content, insufficient warning messages against violent images, etc.
Freedom of expression without limitation
Elon Musk has portrayed himself as a staunch defender of freedom of expression and has repeatedly criticized the moderation of content on social networks, calling it censorship and an attack on freedom of expression.
In April 2022, he bought Twitter for $44 billion, partly with the aim of making the platform a free-speech space. He then immediately launched a massive layoff of more than 80% of the workforce, decimating the moderation teams.
He said he would make changes to the platform to make it “more inclusive and informative,” while ensuring it remains “a place where free speech is respected.” However, Musk’s plans for Twitter have raised concerns that they could lead to an increase in misinformation and hate speech. Some critics say his approach to free speech is too absolutist, and fails to consider the potential harm that unregulated expression can cause.
DSA Obligations
The DSA requires all online platforms to set up a system for reporting problematic content and to act “promptly” to remove any illegal content or make access to it impossible as soon as they become aware of it. In terms of advertising, platforms must allow each user to know the parameters used to target them as well as the financers of the ads.
A group of 25 particularly influential digital players, including X, must also offer approved researchers access to the data that feeds their algorithms so that compliance with the regulation can be monitored. In addition to Elon Musk’s network, three other major platforms – TikTok, AliExpress and Meta – are the subject of formal procedures from Brussels, without having yet reached the level of incrimination announced Friday for X.