Brussels (Brussels Morning) – The European Commission has given a preliminary report demonstrating that the Social media platform, X, formerly known as Twitter, breaks the Digital Services Act (DSA).
This report, based on extensive examinations, charges X of multiple breaches related to opaque patterns, advertising transparency, and limiting data access for researchers. “Today, the Commission has announced X of its preliminary view that it violates the Digital Services Act (DSA) in areas connected to dark patterns, advertising transparency, and data access for researchers,” the report said.
What are the key findings of X’s non-compliance?
The EU Commission’s preliminary conclusions are rooted in an in-depth investigation that included examining internal company documents, expert interviews, and cooperation with national Digital Services Coordinators. The findings delineate three primary areas of non-compliance.
How does X’s verified account system mislead users?
Deceptive Design of Verified Accounts: X’s function of its “verified accounts” with the “Blue checkmark” is stated to mislead users. The report stated, “Since anyone can subscribe to receive such a ‘verified’ status, it negatively impacts users’ ability to make free and informed conclusions about the authenticity of the accounts and the content they interact with. There is proof of motivated malicious actors abusing the ‘verified account’ to deceive users.”
Why is X criticized for advertising transparency?
Lack of Advertising Transparency: The platform is charged with failing to provide a dedicated and searchable advertisement repository. The Commission emphasised that “X does not comply with the required clearness on advertising, as it does not deliver a searchable and reliable advertising repository, but instead put in place design features and access obstacles that make the repository unfit for its transparency purpose towards users.”
What data access issues do researchers face with X?
Obstruction of Data Access for Researchers: X is alleged to have denied eligible researchers from accessing its public data unaided. The report states, “X fails to provide access to its public data to investigators in line with the conditions set out in the DSA. In individual, X prohibits eligible researchers from unassisted accessing its public data, such as by scraping, as expressed in its terms of service. In addition, X’s process to give eligible researchers access to its application programming interface (API) seems to dissuade researchers from carrying out their research tasks or leave them with no other choice than to spend disproportionately high fees.”
What are the EU Commission’s preliminary conclusions on X?
Margrethe Vestager, Executive Vice-President for Europe Fit for the Digital Age, highlighted the significance of transparency under the DSA. “Today we administer for the first time preliminary findings under the Digital Services Act. In our opinion, X does not comply with the DSA in key transparency measurements, by using dark patterns and thus dishonest users, by failing to provide an acceptable ad repository, and by blocking access to data for researchers. The DSA has clarity at its very core, and we are committed to ensuring that all platforms, including X, comply with EU legislation,” Vestager expressed.
What consequences could X face for violating the DSA?
If the preliminary statements of the Commission are endorsed, the ramifications for X could be severe. The Commission would then assume a non-compliance decision, finding X in violation of Articles 25, 39, and 40(12) of the DSA. This could lead to significant fines, up to 6% of the total worldwide annual turnover of the provider, and mandatory corrective actions. Additionally, a non-compliance finding might trigger an enhanced supervision period to assure compliance and impose periodic penalty payments to drive adherence.
