Not moderating content like fake news may result in a fine of 6% of X’s revenue or an EU blackout under new regulations
Elon Musk receives EU warning on X regarding alleged disinformation related to the Hamas attack on Israel, which includes fake news and “repurposed old images.” The notice comes shortly after the introduction of extensive content regulations through the Digital Services Act. Failure to comply could lead to a 6% revenue fine or a complete EU blackout for Musk, X’s owner.
Commissioner Thierry Breton, overseeing the act, sent a letter to Musk, emphasizing the need for a swift, accurate, and comprehensive response to Europol and pertinent law enforcement agencies within the next 24 hours. Breton reiterated the importance of Musk implementing suitable and efficient measures to address the public security and civic discourse risks associated with disinformation.
After the Hamas terrorist attacks on Israel, there are signs that your platform is facilitating the spread of unlawful content and disinformation in the EU,” Breton stated.
Numerous public media outlets and civil society organizations have extensively documented cases of counterfeit and altered content circulating on your platform within the EU. These include the misuse of old images from unrelated conflicts and the misrepresentation of military footage sourced from video games. This constitutes evidently inaccurate or deceptive information,” he stated.
I would like to reiterate that the Digital Services Act imposes very specific responsibilities concerning content moderation,” Breton added, expressing concerns about X’s alignment with the new regulations due to alterations in its public interest policies.
Musk withdrew from the EU’s self-regulatory code established earlier this year, aimed at enabling social media companies to establish systems for compliance with the new regulations. Meanwhile, Facebook, Google, TikTok, and other companies have embraced this code and are actively removing disinformation in accordance with the new rules.
In response to Breton on X, Musk stated, “Please provide a list of the alleged violations on X, allowing the public to view them.
In reference to the law’s demand that platforms autonomously regulate their content under the new regulations, Breton replied, “It’s your responsibility to demonstrate your commitment to action.
Breton’s strongly worded letter to Musk conveyed the following:
First, it is imperative for you to maintain transparency and clarity regarding the content allowed within the framework of your terms of service, and consistently and rigorously enforce your own policies. This is especially critical in cases involving violent and terrorist content that appears to be proliferating on your platform. The recent abrupt alterations in your public interest policies have left many European users in a state of uncertainty.
Second, when you receive notifications of illicit content in the EU, it is essential to promptly, diligently, and impartially address the issues and remove the content as needed. We have received reports from credible sources indicating the presence of potentially illegal content on your platform, despite warnings from relevant authorities.
According to the new regulations, social media companies are obligated to address reports of unlawful content within a 24-hour timeframe. They are allowed to challenge user complaints, but there is an appeals process available to consumers.
There is a growing concern in Brussels regarding Twitter’s failure to meet the 24-hour response requirement for complaints concerning disinformation and other illicit content, such as hate speech.
Breton urged Musk to take immediate action to guarantee the effectiveness of his systems and promptly communicate the crisis measures to the EU. “Given the urgency of the situation, I also expect you to establish contact with the relevant law enforcement authorities and Europol, ensuring a swift response to their requests,” Breton added.
The EU has clarified in its briefings on the Digital Services Act that those who do not participate in the voluntary code of practice will not have the opportunity to present “mitigating” factors if punitive measures are considered in Brussels.
Breton informed Musk, “Your response will be included in our evaluation of your compliance with the DSA. I would like to remind you that in the event of a potential investigation and a determination of non-compliance, penalties may be imposed.”
In recent days, X has come under scrutiny due to concerns raised about fabricated posts and Elon Musk’s endorsement of accounts that have disseminated false claims or antisemitic remarks.
On Sunday, Musk recommended two accounts, stating, “For real-time updates on the war, @WarMonitors and @sentdefender are reliable sources. It’s also beneficial to follow firsthand sources on the ground. Please share any other interesting options in the comments below.
