Access to X has been suspended in South America’s largest country since Saturday, following a lengthy legal battle over disinformation that culminated in a judge’s shutdown order. However, Brazil is not the only country worried about X.
Politicians and digital rights organizations have often raised concerns about Musk’s actions since he took over Twitter in late 2022. These concerns include his dismissal of many content moderation employees and his efforts to maintain relations with EU regulators.
Musk’s “free speech absolutist” attitude has led to clashes with Brussels.
The European Union may decide in the coming months to take action against X, potentially including fines, as part of an ongoing investigation into whether the platform is violating the Digital Services Act (DSA), a landmark content moderation law.
No decision has been made yet, but any fines could reach up to six percent of X’s annual global revenue unless the company complies with EU requirements.
But if Musk’s reactions are anything to go by, another showdown is on the cards.
When the EU in July accused X of deceptive practices in violation of the DSA, Musk warned: “We look forward to a very public battle in court.”
A month later, tensions escalated when Musk and Thierry Breton, the EU’s leading tech regulator, engaged in another heated exchange on social media. Breton sent Musk a letter emphasizing his legal obligation to prevent the spread of “harmful content” on X, just hours before Musk was set to interview US presidential candidate Donald Trump live on the platform. In response, Musk mocked Breton and posted a meme with an offensive message.
EU ban ‘very unlikely’
Despite the sharp criticism, the European Commission, the EU’s digital regulator, maintains that discussions with X are still active. “X continues to collaborate with the commission and address inquiries,” said Thomas Regnier, the commission’s digital spokesperson, in a statement to AFP. Experts also concur that a shutdown similar to Brazil’s is improbable in the 27-member EU, even though it has the legal authority to do so.
The DSA would allow the bloc to demand a judge in Ireland, where X has its EU headquarters, order a temporary suspension until the infringements cease.
Breton has repeatedly insisted that “Europe will not hesitate to do what is necessary”.
But since X has around 106 million EU users, significantly higher than the 22 million in Brazil, the belief is that Musk would not want to risk a similar move in Europe.
“Obviously, we can never exclude it, but it is very unlikely,” said Alexandre de Streel of the think tank Centre on Regulation in Europe.
No matter what happens next, de Streel mentioned that the case is likely to end up in the EU courts, describing X as “the least cooperative company” with the European Union. Jan Penfrat from the European Digital Rights advocacy group noted that a ban would be “a very last resort measure” and suggested that X would “probably” not cease operations in the EU.
“I would hope that the commission thinks about this very, very hard before going there because this (a ban) would have a tremendously negative effect on the right to freedom of expression and access to information,” Penfrat said.
EU’s X-File
In July, the commission accused X of misleading users through its blue checkmarks for verified accounts, lacking transparency in advertising, and not providing researchers with access to the platform’s data.
The allegation is part of a broader investigation into X, which began in December. Regulators are continuing to examine how the platform addresses the spread of illegal content and information manipulation. X now has access to the EU’s dossier and can defend itself, including by responding to the commission’s findings.
The list of governments upset with Musk continues to expand. This summer, he also drew criticism in the UK during a period of rioting that was fueled by online misinformation claiming that the suspect in a mass stabbing. It resulted in the deaths of three girls, was a Muslim asylum seeker.
The billionaire, with 196 million followers on X, stirred controversy among British politicians by posting inflammatory content and predicting an “inevitable” civil war in the UK. As a non-EU member, Britain will soon be able to introduce a law similar to the DSA, with enforcement expected to start next year.
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