As 2023 draws to a close, X, formerly known as Twitter, is shedding its old name but not its share of controversies. The European Commission has made headlines by initiating formal infringement proceedings against X, probing potential violations of the Digital Services Act (DSA). Thierry Breton, the European Commissioner for the Internal Market, ironically chose to share this news on X itself, highlighting the platform’s alleged failure to meet transparency obligations and address illegal content. This article delves into the details of the investigation, focusing on X’s operations and potential DSA breaches.
Investigation Overview
The European Commission’s formal infringement proceedings target X’s operations, with a particular emphasis on assessing its compliance with the Digital Services Act. The investigation scrutinizes several key aspects:
1. Transparency and Counteraction of Illegal Content:
The European Commission is investigating whether X has adequately fulfilled its obligations to be transparent and effective in countering illegal content on its platform. This includes evaluating the platform’s efforts to combat misinformation, hate speech, and other harmful content.
2. “Deceptive Design” Examination:
X’s platform design is under scrutiny, with a focus on identifying potentially “deceptive design” elements. These elements may influence user behavior and interactions in ways that raise concerns under the DSA.
3. Community Notes Feature Evaluation:
The European Commission is examining X’s Community Notes feature to determine its effectiveness in mitigating risks related to civic discourse and electoral processes. This investigation seeks to ensure that X is actively addressing concerns related to its role in shaping public discourse.
4. Data Firehose Access Limitations:
The Commission is concerned about potential shortcomings in X’s decision to limit access to its data firehose. Such limitations could negatively impact researchers and other public bodies reliant on this data for various purposes.
5. Scrutiny of Advertising Platform:
X’s advertising platform is also within the Commission’s scope. The investigation aims to assess whether X has fulfilled its DSA obligations related to advertising transparency and content moderation.
6. Paid Checkmarks and Deceptive Features:
Features such as paid checkmarks, which verify the authenticity of user accounts, are under scrutiny for potential “deceptive design.” The Commission aims to ensure that such features do not mislead users.
DSA Compliance Background
In February 2023, the European Union introduced requirements for all online services operating within its jurisdiction. These requirements aimed to determine whether a platform qualifies as a Very Large Online Platform (VLOP). Any platform with over 45 million users across the EU is designated as a VLOP. Once designated as a VLOP, companies had a four-month grace period to comply with the DSA.
The DSA introduced a range of measures for VLOPs, including:
- Point of Contact: Establishing a specific point of contact for interactions with regulatory authorities.
- Transparency: Ensuring transparency in advertising and content moderation practices.
- Terms and Conditions: Providing clear, user-friendly terms and conditions for users.
- Risk Identification and Mitigation: Identifying and mitigating risks such as illegal content, gender-based violence, and protection of minors.
- Researcher Access: Permitting vetted researchers to access data that informs about systemic risks within the EU.
- Data Sharing: Collaborating with the Commission and sharing relevant data.
- Independent Audit: Undergoing an independent audit on an annual basis.
Recent Developments and Concerns
The European Commission’s decision to initiate infringement proceedings against X follows a series of events. X submitted a risk assessment report in September, followed by the publication of a transparency report in November. Concerns about X’s handling of content related to the Israel-Hamas War have also been raised, prompting European Commissioner Thierry Breton to correspond with Elon Musk regarding the platform’s content moderation responsibilities. Subsequently, the European Union launched an investigation into X’s content moderation practices.
The Future of X’s Compliance
Bottom-line: As X navigates this complex investigation, the world watches closely to see how it addresses the European Commission’s concerns and whether it can achieve full compliance with the Digital Services Act. The outcome of this inquiry will not only impact X’s operations within the European Union but may also set precedents for how major online platforms navigate the evolving landscape of digital regulations and responsibilities in an era of rapid information dissemination.
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