Elon Musk’s X has received the unfortunate distinction of being the first online platform against which formal Digital Services Act (DSA) proceedings have been initiated. The European Commission has accused it of disseminating illegal content, among other violations of the recently enacted rule.
The preliminary investigation into X, which became public when commissioner Thierry Breton and Musk exchanged comments on the platform formerly known as Twitter in October, has prompted the EC to suspect that X has breached its DSA obligations in multiple areas.
According to EC EVP Margrethe Vestager, X may have violated five DSA articles related to risk management, content moderation, dark patterns, advertising transparency, and data access for researchers.
“We take any breach of our rules very seriously,” Vestager said. “The evidence we currently have is sufficient to formally open a proceeding against X.”
Musk’s X: A total VLOP
X falls under the definition of a “very large online platform,” or VLOP, as per the DSA. VLOPs such as X, YouTube, Facebook, and Snapchat are required to adhere to specific obligations due to their wider reach and are classified as presenting a greater risk to the public.
Any platform in the EU that reaches 10 percent of the population, roughly 45 million people, is considered a VLOP under the DSA.
The specific allegation in the EC’s notice relates to disinformation on X following the Hamas attacks on Israel, which X largely failed to remove in the month following Musk and Breton’s clash.
In addition, the EC raised concerns about X’s transparency requirements and questioned the effectiveness of X’s Community Notes feature, while expressing uncertainty about X’s compliance with DSA-mandated data access and ad transparency.
The EC also suspects X might have a deceptive user interface design, particularly related to the so-called Blue checks, which Musk removed from vetted Twitter users and allowed scams to proliferate on the platform.
The formal proceedings by the EC will lead to a deeper investigation into X’s suspected violations and could result in interim enforcement measures or eventual non-compliance decisions. The Commission did not set a timeline for the proceedings.
If found guilty of DSA violations, X could face fines of up to 6 percent of its global annual turnover, “periodic penalties” of up to 5 percent of its daily global turnover if it fails to comply with remedies or interim measures, and possible suspension from the EU entirely.
When asked for comment, X referred us to a post on the platform by its Safety team, which stated X’s commitment to complying with the DSA. “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,” the Safety team said. ®
