Accused of spreading false information, the social network X has been suspended in Brazil, but the noose is also tightening in Europe where the first sanctions could fall this fall.
The riots in the United Kingdom, sparked in early August by false rumors, were a reminder of the dangers of unregulated expression on the Internet. The suspect in the murder of three young girls had been wrongly presented as a Muslim asylum seeker. The fake news, relayed and amplified on social networks, including X, had triggered Islamophobic violence.
In this context, the Digital Commissioner, Thierry Breton, sent a warning in mid-August to billionaire Elon Musk, owner of X, just before an interview with the Republican candidate for the American presidential election, Donald Trump, broadcast on the platform.
The fiery business leader, who also heads carmaker Tesla and space company SpaceX, responded by posting an insulting meme on his X account.
A surprising move given that the social network is the subject of an investigation by Brussels launched in December and which could result in fines of up to 6% of its global turnover.
The European Commission is expected to make its first decisions within a few weeks, or even months.
The outcome remains open.
X has access to the file and can exercise his right to defense, since the platform was formally accused in July for violations of the Digital Services Regulation (DSA), the new EU legislation that is supposed to put an end to lawless spaces on the Internet.
As a preliminary measure, the Commission established three infringements: the blue ticks supposed to certify trustworthy sources of information mislead users; there is insufficient transparency in advertising (identity of advertisers, amounts, targeting methods, etc.); and X does not comply with the obligation to provide approved researchers with access to its data.
The investigation continues into two other major grievances: dissemination of illegal content and insufficient efforts against the manipulation of information.
Accusation of censorship
European legislation requires platforms to set up a system for reporting problematic content and to “promptly” remove any illegal publication as soon as they become aware of it.
As in Brazil, Elon Musk cries censorship. “The DSA is disinformation,” he declared in July, promising to fight on the legal front.
But behind these warlike postures, the dialogue with Brussels has not ceased. “X continues to collaborate with the Commission and to answer questions,” a spokesperson for the Brussels executive, Thomas Regnier, told AFP.
The EU has 106 million active X users, out of 300 million worldwide, according to the European Commission. That’s about five times more than in Brazil, and probably represents much more in terms of advertising revenue. It’s hard to imagine the social network depriving itself of such a windfall.
Elon Musk defends a radical vision of freedom of expression incompatible with European rules.
The DSA does not define what is illegal or not, but it imposes compliance with national laws on digital companies that have long ignored them.
Thus, Nazi publications are banned in Germany. Harassment, racial or sexist insults, defamation, incitement to violence or the glorification of terrorism constitute offences in France.
The DSA provides for the possibility for the Commission to refer the matter to a judge in Ireland, the country where X has its European headquarters, to order a temporary suspension of the service until the infringements cease. “If necessary, Europe will not have a trembling hand,” Thierry Breton has repeatedly warned.
However, this is a last resort measure, only activated in the event of repeated offences which would endanger the safety of people.
“I hope the Commission will think very, very seriously before going down this path, because it is clear that it would have an extremely negative impact on freedom of expression and access to information,” Jan Penfrat of the NGO European Digital Rights, which defends the rights of users of online services, told AFP.
A suspension of X in Europe is “very unlikely,” says Alexandre de Streel, an expert at the Center on Regulation in Europe (CERRE) think tank. According to him, this would fuel accusations of censorship.
“This case will end up before the Court of Justice of the European Union,” he predicts, seeing in X “the least collaborative firm” with the EU.