Elon Musk’s pursuit of a free speech-oriented content moderation approach is encountering hurdles, with the European Union (EU) launching formal proceedings to scrutinise his X platform’s potential breaches of the Digital Services Act (DSA). The DSA imposes strict guidelines on major digital platforms, encompassing the control of illegal content and the mitigation of misinformation. Citing concerns about X’s compliance, the EU is delving into Musk’s novel strategies under the DSA.
The EU’s announcement indicates a comprehensive preliminary investigation, analyzing X’s risk assessment report, transparency disclosure, and responses to information requests. The focus areas include DSA obligations on illegal content dissemination, the efficacy of X’s “Community Notes” in combatting misinformation, restrictions on data access per DSA’s Article 40, and potential deceptive design aspects, specifically checkmarks linked to subscription products.
X is compelled to demonstrate the effectiveness of these measures amid EU suspicions that they may fall short of required standards. Musk’s dedication to enhancing open speech, encapsulated in X’s ‘Freedom of Speech, Not Reach’ ethos, has led to reduced penalties for rule-breaking content and increased reliance on crowd-sourced fact-checking via Community Notes. However, investigations indicate the inadequacy of this solution.
Musk contends that exposing users to diverse opinions fosters broader debate, despite criticisms that it allows hate speech and misinformation to proliferate. As the owner of a major platform, Musk faces responsibilities outlined by the EU and other regulatory bodies, despite his apparent disregard for regulations.
Previous clashes with EU regulators over moderation rules reveal Musk’s commitment to free speech advocacy. Research suggests that X’s alterations may be enabling hate speech and propaganda under the guise of free speech. The EU’s investigation poses potential fines and bans, prompting speculation about Musk aligning X’s rules with EU laws or potentially withdrawing from Europe.
As the investigation unfolds, Musk’s vision for X encounters additional challenges amid heightened scrutiny, marking a pivotal moment ahead of the upcoming U.S. Presidential Election.