EU launches an 'illegal content' probe into Elon Musk's X

EU launches an ‘illegal content’ probe into Elon Musk’s X for allegedly breaking its rules on hate speech and fake news

  • The EU will investigate X for allowing hate speech and illegal content to spread
  • X is the first to be investigated for breaching the EU’s Digital Services Act  

The EU has launched an ‘illegal content’ probe into Elon Musk’s X for breaching new social media regulations.

X, formerly known as Twitter, has been accused of failing its obligations to keep disinformation and hate speech off the platform.

European Commissioner Thierry Breton announced the probe in a post on X, saying: ‘Today we open formal infringement proceedings against @X’.

The EU will also investigate concerns that X’s user interface, including the ‘blue tick’ system, has a ‘deceptive design’.

The investigation will consider whether X’s measures to combat misinformation have been sufficiently effective.

Elon Musk’s social media is the first to be investigated under the EU’s new DSA which aims to limit the spread of harmful and illegal content online

European Commissioner Thierry Breton announced a probe into Elon Musk’s X today, citing concerns that the platform has not done enough to combat hate speech 

READ MORE: Elon Musk hits back at EU’s claims that disinformation and fake news is being spread on X

In a post on X Mr Breton wrote that X was now under investigation for: ‘Suspected failure of obligation to counter #IllegalContent and #Disinformation.’

Mr Breton says that the probe will also cover ‘suspected breach of #Transparency obligations’ and ‘suspected #DeceptiveDesign of the user interface.’

This follows mounting concerns that X has allowed concerning levels of hate speech to go unchecked. 

Musk promised a ‘thermonuclear lawsuit’ against non-profit media watchdog Media Matters for America after the group accused X of placing ads alongside antisemitic content. 

Elon Musk himself was accused of promoting antisemitism after he responded to a racist post by saying: ‘You have said the actual truth’. 

Self-styled ‘digital enforcer’ Thierry Breton previously announced that X would be facing an investigation and sent an official request for information to the company 

In October The European Commission announced that it would be opening an investigation into X and had sent a formal request for information to the company.

This obliged X to provide evidence that it was meeting its obligations under the law, despite the company having left the EU’s voluntary disinformation ‘code of practice’ in May. 

the commission said it was launching the probe because of ‘indications received concerning the presumed transmission of illicit content’ relating to the Hamas-Israel conflict.

‘The Commission will now investigate X’s systems and policies related to certain suspected infringements,’ spokesman Johannes Bahrke told a press briefing in Brussels.

Mr Bahrke added: ‘It does not prejudge the outcome of the investigation.’

This is the first prosecution under the EU’s new Digital Services Act (DSA), a wide-reaching set of regulations designed to keep users safe online and stop the spread of harmful content such as child sexual abuse.

Linda Yaccarino, X CEO, has previously defended the company’s track record on hate speech and claims that thousands of pieces of content have been flagged or removed

READ MORE: Elon Musk leaves ‘viciously anti-Semitic’ and Islamophobic posts on X

 

The DSA, which came into force in August, gives the EU the power to fine a company for 6 per cent of its global income or ban it from operating in the EU if a breach is found. 

In 2022, when Musk took over Twitter, that could have amounted to a fine of as much as $264 million (£208.8 million).

X CEO Linda Yaccarino has defended itself against claims that it has allowed disinformation to spread writing in a letter that the company had ‘taken action to remove or label tens of thousands of pieces of content.’

Ms Yaccarino added that X had already ‘responded to 80 requests to take down content from the EU within the required timelines.’

‘X remains committed to complying with the Digital Services Act, and is cooperating with the regulatory process,’ the company said in a prepared statement.

They added: ‘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.’

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