EU opens ‘formal proceedings’ into X over potential violations of Digital Services Act

The European Union opened “formal proceedings” into X, formerly known as Twitter, on Monday to determine whether the platform has violated the bloc’s new online regulations.

The EU’s executive arm, the European Commission, is investigating whether X breached the Digital Services Act (DSA) in regard to its “risk management, content moderation, dark patterns, advertising transparency and data access for researchers.”

“Today’s opening of formal proceedings against X makes it clear that, with the DSA, the time of big online platforms behaving like they are ‘too big to care’ has come to an end,” Thierry Breton, the group’s commissioner for internal market, said in a statement.

“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.

While the commission previously conducted a “preliminary investigation” into X, it will now conduct an “in-depth” probe as part of the formal infringement proceedings, according to the press release. This marks the first formal proceedings brought under the DSA, which came into force last November.

Breton initially sent a warning letter to X owner Elon Musk in October, urging the billionaire to curb the spread of illegal content and disinformation on his platform following an attack by Hamas on Israel.

Several other major platforms also received warning letters as the Oct. 7 attack, and Israel’s subsequent bombing campaign and ground invasion of Gaza, resulted in a deluge of misinformation, disinformation and violent content online.

Shortly after, the European Commission sent X and other platforms formal requests for information about the spread of illegal content and disinformation on their sites, among other concerns.

The commission noted in a press release on Monday that it decided to open “formal infringement proceedings” against X based on the company’s previous responses, including its replies to the formal request for information.

It said it is investigating the measures X has taken to curb the spread of illegal content and combat “information manipulation,” including the effectiveness of the “Community Notes” system, as well as shortcomings in the company’s ads repository and data access. 

The Commission also said it is probing a “suspected deceptive design of the user interface” related to X’s subscription service, which provides blue checkmarks and various benefits to users who pay a monthly fee.

The social media company said Monday it is committed to complying with the DSA and is cooperating with the regulatory process.

“It is important that this process remains free of political influence and follows the law,” it added. “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.”