X is the first ‘very large online platform’ to be subject to formal proceedings for potentially not complying to the DSA.
The European Commission has opened formal proceedings against X to evaluate whether the platform has violated the terms of the Digital Services Act (DSA).
The legislation officially came into force in August of this year, and it is focused on taking Big Tech companies to task over issues such as online safety and spreading potentially false information. X was one of several companies designated as a ‘very large online platform’ – meaning it was one to watch.
Today’s (18 December) announcement has come about because the EU is concerned X has not adhered to DSA rules, particularly in areas linked to risk management, content moderation, dark patterns, advertising transparency and data access for researchers.
Its formal investigation into the platform will look in-depth at some of the measures X has taken to boost the transparency of the site. The company has already published a transparency report based on the EU’s requirements, but the bloc is concerned that the X has not given researchers sufficient access to its publicly available data.
The investigation will also look at measures X is taking to combat information manipulation on the platform – in particular in the context of its Community Notes feature. Dissemination of material related to the Israel-Hamas conflict on X is also going to be scrutinised, as is what the EU suspects to be X’s deceptive user interface design concerning checkmarks linked to certain subscription products.
“Today’s opening of formal proceedings against X makes it clear that, with the DSA, the time of big online platforms behaving appreciate they are ‘too big to care’ has come to an end,” said Thierry Breton, commissioner for internal market.
“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,” he added.
Margrethe Vestager, EVP for a Europe fit for the digital age, said “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. And the evidence we currently have is enough to formally open a proceeding against X.”
This marks the first time the EU has opened formal proceedings against an online platform under the DSA. It will continue to gather information, and the DSA does not impose any deadline on the investigation.
The beginning of proceedings means the EU can potentially take steps such as interim measures or non-compliance decisions to enforce some DSA requirements.
Irish campaigners have welcomed the EU’s decision to formally research X. Dr Johnny Ryan, a senior fellow of the Irish Council of Civil Liberties (ICCL) called for the EU to take urgent action. He said the bloc should follow the example of Coimisiún na Meán, the new Irish media watchdog, and give people power over algorithms.
“Coimisiún na Meán is leading the world by forcing Big Tech to turn off its toxic algorithms. Users – not Big Tech’s algorithms – should deduce what they see and share online. The European Commission should learn from Coimisiún na Meán’s example, and give everyone in Europe the freedom to deduce.”
Ryan added that “Algorithmic ‘recommender systems’ select emotive and extreme content and show it to people who the system estimates are most likely to be outraged.” He said that this is how X and others make their money.
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