EU launches ‘illegal content’ probe into Elon Musk’s X platform

The European Union has opened a formal investigation of Elon Musk’s social media platform X, formerly Twitter, that is focused on the spread of illegal content.

In a Monday announcement, the E.U. said it is looking into possible violations of the Digital Services Act, a set of rules meant to keep consumers safe online.

The probe will focus in part on how X handles content that is illegal in Europe, including hate speech, misinformation and terrorist content related to the conflict in Gaza. It will also examine the adequacy of the site’s “Community Notes” fact-checking system in Europe, X’s transparency mechanisms for advertisements and whether its revamped “blue check” verification system deceives users.

E.U. executive vice president Margrethe Vestager said large online platforms like X pose a higher risk to society, and therefore must abide by more specific standards.

“The higher the risk large platforms pose to our society, the more specific the requirements of the Digital Services Act are. We take any breach of our rules very seriously,” Vestager said in a statement.

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News of the investigation comes as the platform faces increasing scrutiny over the spread of disinformation related to the conflict in Gaza. The Anti-Defamation League has reported that instances of antisemitic content have surged more than 900 percent since the Oct. 7 attack. Musk also has faced criticism for using his own widely followed account to elevate antisemitic theories on the platform.

It is the first formal proceeding against a large social media platform under the Digital Services Act, which came into force in November 2022. Under its rules, X could face fines of as much as 6 percent of its global revenue.

The investigation comes just weeks after European Commissioner Thierry Breton announced that the E.U. had issued the company a request for information on its handling of hate speech, violence and terrorist content. Breton also sent a warning letter to Musk directly, pressing him on whether the platform was being used to disseminate disinformation related to the Hamas attacks.

“The #DSA is here to protect both freedom of expression & our democracies ― including in times of crisis,” Breton wrote on X in mid-October.

The law imposes special obligations on “very large online platforms and search engines,” which it defines as those used by at least 45 million Europeans each month. X qualified based on its declaration earlier this year that it has 112 million monthly users in Europe.

X chief executive Linda Yaccarino has said the company had removed or labeled tens of thousands of posts, while applying crowdsourced fact checks through a system called Community Notes. She also said the company assembled a group of leaders to handle crisis response to the war.

In June, Breton traveled to X’s San Francisco headquarters to oversee a “stress test” of its systems, including Community Notes, which was not yet available in all the languages of E.U. member nations. The European Commission has opened an office in downtown San Francisco as it expands its efforts to police the world’s largest online platforms, taking a tougher line against American tech giants than the U.S. government has.

Since buying Twitter in October 2022, Musk has loosened its policies governing what people can post and fired many of the people responsible for enforcing them. That has spooked advertisers and sent some users fleeing to rival platforms but has been welcomed by many conservatives in the United States.

The next steps in the investigation will include a series of information requests that could include interviews or inspections. The law does not set any formal deadline for bringing proceedings to an end, according to the Monday announcement.

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In response to the E.U. announcement, X’s safety division said the company is 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,” the company said. “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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