Will X Face an EU Shutdown?

AFP/APP

Brussels:  Elon Musk’s troubles are not confined to Brazil; he now faces potential EU sanctions in the coming months for allegedly violating new content regulations. Access to X has been suspended in Brazil since Saturday following a protracted legal battle over disinformation, which resulted in a judge ordering a shutdown.

However, Brazil is not the only country concerned about X. Politicians and digital rights groups globally have voiced concerns about Musk’s management since he took over Twitter in late 2022. Issues include mass layoffs of employees responsible for content moderation and strained relations with EU regulators. Musk’s “free speech absolutist” stance has led to conflicts with Brussels.

The European Union may decide within months to take action against X, including possible fines, as part of an ongoing investigation into whether the platform is violating the Digital Services Act (DSA), a landmark content moderation law. While no decisions have been made yet, potential fines could reach up to six percent of X’s annual worldwide turnover unless the company complies with EU demands.

Musk’s responses suggest another confrontation may be imminent. When the EU accused X of deceptive practices under the DSA in July, Musk anticipated “a very public battle in court.” The conflict intensified a month later with a public spat on social media between Musk and Thierry Breton, the EU’s top tech enforcer.

Breton reminded Musk of his legal obligations to curb “harmful content” on X just hours before an interview with US presidential candidate Donald Trump. Musk responded by mocking Breton and sharing a meme with an obscene message.

EU Ban ‘Very Unlikely’

Despite the tensions, the European Commission, the EU’s digital oversight body, maintains that dialogue with X is ongoing. “X continues to cooperate with the commission and respond to questions,” said Thomas Regnier, the commission’s digital spokesman.

Experts believe that a Brazil-like shutdown in the 27-country EU is improbable, although it remains legally possible. The DSA allows the bloc to demand a judge in Ireland, where X has its EU headquarters, to order a temporary suspension until compliance is achieved.

Despite repeated warnings from Breton that “Europe will not hesitate to do what is necessary,” the likelihood of a shutdown is considered low. X has around 106 million EU users, significantly more than the 22 million in Brazil, suggesting Musk would be reluctant to risk a similar move in Europe.

Alexandre de Streel from the Centre on Regulation in Europe notes that while a shutdown cannot be entirely ruled out, it is very unlikely.

He believes the case will likely end up in EU courts, labeling X as “the least cooperative company” with the bloc. Jan Penfrat of the European Digital Rights advocacy group describes a ban as a “very last resort measure,” and hopes the commission considers the severe impact such a decision could have on freedom of expression and access to information.

EU’s X-File

The commission’s accusations against X include misleading users with blue checkmarks for certified accounts, inadequate advertising transparency, and failing to provide researchers access to the platform’s data.

These allegations are part of a broader investigation launched in December into X’s handling of illegal content and information manipulation. X now has access to the EU’s case file and can defend itself by responding to the commission’s findings.

Musk’s growing list of government critics includes the UK, where he faced backlash over sharing inflammatory posts amid a riot triggered by misinformation about a mass stabbing suspect. The UK, though not an EU member, will soon introduce a similar law to the DSA, with enforcement expected to begin next year