X (formerly known as Twitter) may be heading into 2023 with a new name, but the year’s end also brings renewed scrutiny and criticism for the company. The European Commission has declared its initiation of formal infringement procedures concerning X’s operations, paying particular attention to possible infractions of the Digital Services Act (DSA).
The news was ironically shared on X by Thierry Breton, the European Commissioner for the internal market, who highlighted concerns about X’s alleged lack of transparency and potential failure to combat illegal content. X’s potentially “misleading design” is also under review.
In its press release, the European Commission mentions that it plans to examine X’s Community Notes feature to assess its effectiveness in “mitigating risks” to “civic discourse and electoral processes.” Moreover, the Commission will evaluate what it calls “suspected shortcomings” in X’s decision to curtail access to its data firehose, a move that could disadvantage researchers and other public bodies. X’s advertising platform and the allegedly misleading design of features like paid checkmarks are also under investigation.
As of February 2023, all the internet services functioning in the EU had to disclose their size to establish if they constituted a Very Large Online Platform (VLOP). VLOP is defined as any platform with more than 45 million users across the EU. Any company identified as a VLOP had four months to adhere to the DSA, which entails setting up a specific contact point, ensuring transparency in advertising and content moderation, and establishing clear, user-friendly terms and conditions.
It also encompasses the identification and reduction of risks such as illegal content, gender-based violence, and the safeguarding of minors. Other logistical requirements include allowing certified researchers to access data that gives insight into systemic risks in the EU, sharing data with the Commission, and undergoing an annual independent audit.
The Commission’s actions comes on the heels of a risk assessment report submitted by X in September, a transparency document released by the platform in November, and persisting apprehensions about X’s handling – or perhaps, mishandling – of content related to the Israel-Hamas conflict.
Breton had previously written a letter to Elon Musk about the platform’s obligation to moderate posts in compliance with the DSA, and the European Union subsequently launched an investigation into X’s handling of the matter.
In a statement, Breton explained that the newly announced proceedings show “the time of big online platforms behaving like they are ‘too big to care’ has come to an end.” He continued: “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.” This instance marks the first time the Commission has opened formal proceedings to enforce these EU regulations.
