The European Union (EU) has initiated an investigation into social media giant X, focusing on suspected breaches of obligations, partly connected to posts that surfaced following Hamas' attacks on Israel. This probe marks the first of its kind under the Digital Services Act (DSA).
What is the DSA, and How Does It Affect Musk's X?
Enforced since November last year, the DSA obliges online platforms and search engines of substantial size to intensify their efforts in battling illegal content and public security risks. The Commission has stated that the probe will concentrate on countering the spread of illegal content in the EU and assess the effectiveness of existing countermeasures against information manipulation, including the "community notes" system.
This year, X unveiled the "Community Notes" feature, permitting users to flag false or misleading content via post comments. In doing so, X effectively handed over the responsibility of fact-checking to users instead of employing a specialized team of fact-checkers.
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X's Business Practices Under Scrutiny
The probe will also examine various elements of X's operations, such as the data access provided by the company to researchers. Due to Elon Musk's actions that limit access to the platform, social media researchers have been forced to cancel, suspend, or modify over 100 studies on X, previously known as Twitter, according to a Reuters report.
A senior EU official states, "The step that we are taking today does not find X guilty of an infringement, or conclude that X has actually infringed the DSA, but merely states that we have significant ground to investigate these areas in detail."
With X affirming its commitment to complying with the DSA and cooperating with the regulatory process, it maintains that the process must stay free of political influence and adhere to the law.
Is the EU Treating All Social Media Platforms Equally?
In a post on X, Elon Musk queried EU industry chief Thierry Breton on whether there were similar actions being taken against other social media platforms. Musk argued that if X is facing problems, other platforms are in an even worse condition.
In the wake of Hamas' attacks on Israel, X and other social media companies saw an influx of fake images and deceptive information. Breton responded by sending letters to X, Meta, TikTok, and Alphabet, reminding them of their DSA obligations to address harmful and illegal content.
The Road to a Comprehensive Investigation
The Commission has revealed plans to carry out an in-depth investigation by issuing additional requests for information and conducting interviews and inspections. They will also review X's measures to increase transparency and their handling of Blue check subscriptions.
The preliminary investigation thus far has encompassed an analysis of a report submitted by X in September, X's transparency report published in November, and X's response to a formal request for information regarding illegal content in connection with Hamas' attacks on Israel.
The Importance of Legal Counsel in Navigating Regulations like DSA
In conclusion, the Digital Services Act imposes new rules covering content moderation, user privacy, and transparency. Firms in breach could face a fine worth up to 6% of their global turnover.
As X faces this groundbreaking probe, it highlights the critical role experienced lawyers play in guiding businesses through complex legal terrain. To navigate intricate regulations such as the DSA, the help of a seasoned legal expert is invaluable. Contact a qualified lawyer today to ensure your business stays compliant and effectively collaborates with regulatory bodies, preventing potential legal issues.
