The European Commission has started with the formal proceedings to evaluate whether X may have been guilty of breaching the Digital Services Act in the areas that are linked to risk management, dark patterns, content moderation, transparency in advertising, and data access for people doing research.
Based on this preliminary investigation that has been conducted so far, which also the basis of an analysis of the report of risk assessment which was submitted by X in its Transparency report of September, which was published in November, and the reply of X to the formal request for information, which, among the others, had concerns of dissemination of illegal content regarding the terrorist attack of Hamas against Israel, the Commission has made the decision to open very formal infringement proceedings against the social media platform under the Digital Services Act.
Formal Proceedings Against X will focus on the following areas
- Dissemination of any illegal content
- How effective the measures are that are taken to combat the manipulation of information on the platform?
- The measures that X had taken to increase its transparency.
- Deceptive design
If it is at all proven, these kinds of failures could result in the breaching of a number of Articles of the DSA. The Commission will now be carrying out an intensive investigation as their matter of priority. The opening of this formal infringement will not prejudice its outcomes.
These are the first ones among the formal proceedings which are launched by the Commission, which would enforce the very first European horizontal platform for the responsibility of the online platforms within only three years from its year of proposal.