EU to investigate Musk's X over alleged 'illegal content and disinformation'

The European Union announced Monday that it has launched an investigation into Elon Musk's social media platform, X, for allegedly disseminating "illegal content and disinformation."

E.U. commissioner Thierry Breton posted on X Monday, "Today, we open formal infringement proceedings against @X."

He explained that the social media platform is being investigated for "suspected breach of obligations to counter #IllegalContent and #Disinformation," "suspected breach of #Transparency obligations," and "suspected #DeceptiveDesign of user interface."

This investigation is the first the EU has lodged against a company since its Digital Services Act went into effect in August. The DSA places regulations on online platforms that have over 45 million active monthly users in the EU. The regulations currently impact Facebook, Instagram, LinkedIn, Snapchat, TikTok, YouTube, Bing, and Google.

According to the EU, the DSA restrictions aim "to prevent illegal and harmful activities online and the spread of disinformation."

The EU's press release stated, "X (formerly known as Twitter) has been designated as a Very Large Online Platform (VLOP) on 25 April 2023 under the EU's Digital Services Act, following its declaration of having 112 million monthly active users in the EU as reported to the Commission on 17 February 2023."

DSA regulations, which currently impact only very large online platforms, will be expanded to apply to all platforms in February.

The EU's formal proceedings against X will investigate whether the social media platform breached the DSA regulations by allowing the dissemination of alleged "illegal content in the context of Hamas' terrorist attacks against Israel."

It will also probe X's transparency measures and "effectiveness" of its attempts to prevent "information manipulation," particularly regarding its "Community Notes" feature. Additionally, the EU will examine the platform's "suspected deceptive design of the user interface, notably in relation to checkmarks linked to certain subscription products, the so-called Blue checks."

Before Musk's takeover, Twitter provided verified checkmarks only to well-known companies and celebrity users. All X users can now have a check on their account for a $7.99 monthly subscription fee.

The probe will entail requesting information and conducting interviews and inspections, the EU noted. The investigation is not required to adhere to any legal deadline.

X submitted a risk assessment report to the EU in September as part of its preliminary investigation. X also issued a transparency report last month and replied to the EU's request for information.

Breton stated, "Today’s opening of formal proceedings against X makes it clear that, with the DSA, the time of big online platforms behaving like they are 'too big to care' has come to an end. We now have clear rules, ex ante obligations, strong oversight, speedy enforcement, and deterrent sanctions and we will make full use of our toolbox to protect our citizens and democracies. We will now start an in-depth investigation of X’s compliance with the DSA obligations concerning countering the dissemination and amplification of illegal content and disinformation in the EU, transparency of the platforms and design of the user interface."

In a statement to the New York Post, X's head of business operations, Joe Benarroch, said, "X remains committed to complying with the Digital Services Act, and is cooperating with the regulatory process."

"It is important that this process remains free of political influence and follows the law. X is focused on creating a safe and inclusive environment for all users on our platform, while protecting freedom of expression, and we will continue to work tirelessly towards this goal," Benarroch added.

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