"Today we are opening formal infringement proceedings against X" announced the European Commission, listing the infringements of which the former Twitter is suspected under the DSA: alleged breaches of obligations to prevent illegal content and disinformation, alleged breaches of transparency obligations, misleading user interface. This procedure should enable the European institution to "determine whether the company X may have breached the #DigitalServicesAct (DSA) in areas related to risk management, content moderation, dark patterns, advertising transparency and #data access for researchers".
As a reminder, X (formerly known as Twitter) was designated as a very large online platform (VLOP) on April 25 under the EU Digital Services Regulation, having declared 112 million monthly active users in the EU, as reported to the Commission on February 17, 2023. As a dominant player, for four months from its designation, X has had to comply with a series of obligations set out in the #DSA. However, the social network must continue its efforts in this area. This procedure follows a preliminary investigation based on an analysis of the risk assessment report submitted by X in September, a study on transparency published on November 3, and the company's responses to a formal request for information.
The procedure will therefore focus on the following points. The first involves compliance with the DSA obligations relating to the fight against the distribution of illegal content in the EU. It focuses in particular on the risk assessment and mitigation measures adopted by X to meet this commitment. The operation of the DSA-mandated mechanism for notification and action for illegal content in the EU is also scrutinized, in view of the social network's content moderation resources. A second issue involves the effectiveness of measures taken to prevent the manipulation of information on the platform, including the effectiveness of X's EU "community ratings" system and related policies aimed at mitigating risks to civic discourse and electoral processes.
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