The European Union has flexed its regulatory muscles, launching its first investigation under the Digital Services Act (DSA) against social media giant X. This landmark move marks a turning point in the bloc’s efforts to hold online platforms accountable for harmful content and disinformation.
“Today we open formal infringement proceedings against @X” under the Digital Services Act, European Commissioner Thierry Breton said Monday in a post on the platform formerly known as Twitter.
The investigation stems from concerns surrounding X’s handling of content related to Hamas’ attacks on Israel in October 2023. The EU alleges that X failed to adequately address the proliferation of fake images and misleading information on its platform during this period. This, they argue, constitutes a breach of the DSA’s provisions on countering illegal content and online risks.
The DSA, which came into effect in November 2022, imposes strict obligations on large online platforms like X. These include:
- Proactive risk management: Platforms must assess the risks associated with their services and take appropriate measures to mitigate them.
- Transparent content moderation: Platforms must have clear and transparent policies for dealing with illegal and harmful content, and they must effectively enforce these policies.
- User oversight: Platforms must provide users with tools and mechanisms to report harmful content and flag potential misinformation.
The EU’s decision to target X in its first DSA investigation sends a clear message to all online platforms: the era of self-regulation is over. The bloc is committed to enforcing its new rules and holding platforms accountable for the content they host.
The potential consequences for X are significant. If found in violation of the DSA, the company could face hefty fines of up to 6% of its global annual turnover, as well as potential corrective measures like platform bans or content removal orders.
Beyond the immediate case, the EU’s move has broader implications for the future of online content regulation. It sets a precedent for other jurisdictions considering similar measures and could prompt a global shift towards stricter platform accountability.
However, challenges remain. Critics argue that the DSA’s definition of “harmful content” is vague and open to interpretation, potentially leading to censorship and violations of free speech. Others express concerns about the potential for unfair targeting of specific platforms or viewpoints.
Ultimately, the EU’s investigation of X under the DSA is just the beginning of a complex and ongoing conversation about online content regulation. While the path forward remains uncertain, one thing is clear: the days of platforms operating with impunity in the digital space are numbered.
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