Elon Musk Claims European Commission Offered an ‘Illegal Secret Deal’ to Censor Speech

Elon Musk, the CTO and chairman of X, recently made bold claims on social media regarding an alleged offer made by the European Commission. He stated that the EC offered the social media platform an “illegal secret deal” to censor speech in order to avoid being fined in the EU. Musk’s comments came in response to the EC publishing preliminary findings of an in-depth investigation under the Digital Services Act (DSA), which highlighted X’s alleged failure to comply with key transparency requirements.

European Commission Investigation

The European Commission’s investigation found that X breached the DSA in several key areas, including dark patterns, advertising transparency, and data access for researchers. The report pointed out that X’s “Blue checkmarks” and verified accounts can be easily obtained by anyone, leading to deception and abuse by malicious actors. Furthermore, the platform was criticized for not providing a searchable and reliable advertising repository, hindering oversight and research on potential risks. The EC also highlighted X’s restrictive terms of service and API access process, which allegedly discourage researchers from using public data due to high fees and access barriers.

Next Steps

Following the preliminary findings of the investigation, X now has the opportunity to submit a written response to defend its actions. The European Commission will also engage with the European Board for Digital Services to further discuss the issue before making a final decision. If found guilty of violating the DSA, X could face hefty fines of up to 6% of its worldwide annual turnover. In addition, the platform may need to make significant changes to its operations in order to continue operating within the EU, including enhanced supervision and penalty payments.

Elon Musk’s accusations against the European Commission shed light on the challenges faced by tech companies in complying with regulations related to transparency and data access. The outcome of this case will have significant implications for X and other social media platforms operating in the EU, as it sets a precedent for addressing issues related to censorship and compliance with digital service laws.