The European Union Commission has found that X's decision to
sell verification ticks is in breach of the EU Digital Services Act (DSA). The
Commission has deemed X's "X Premium" subscription package deceptive,
as it infringes on DSA regulations. Specifically, the EU Commission has found
that the capacity to buy blue ticks has created a new vector for the promotion
of misinformation, as the appearance of a checkmark adds legitimacy to an
account.
The EU Commissioner for Internal Market Thierry Breton
publicly criticized X's change to its verification system, saying that X's
"X Premium" subscription package is deceptive and infringes DSA
regulations. The Commission's expanded investigation into X also found that the
platform is not in compliance with the DSA requirements on transparency in
advertising, as it does not provide a searchable and reliable advertisement
repository.
X will now have the opportunity to review the Commission's
findings and respond to each point. However, if these initial claims are
upheld, X could face fines of up to 6% of its total worldwide revenue, while it
could also face eventual expulsion from the EU if it fails to address each
element. X owner Elon Musk has come out swinging in the platform's defense,
stating that X is looking "forward to a very public battle in court, so
that the people of Europe can know the truth."
Musk then went on to claim that the EU Commission
"offered X an illegal secret deal: if we quietly censored speech without
telling anyone, they would not fine us." Musk claims that other social
apps accepted this deal, with X being the only platform to oppose what he sees
as a censorship plan. Breton denied this, saying that X has been given the
opportunity to remedy past issues in order to meet DSA compliance, but there
was nothing "secret" about this process.
The case in regards to research access will be more
difficult to prove, as the counterclaims relate to ideological perspective.
However, X will have at least some strong evidence to refute the EU
Commission's findings. As noted, the violations relating to X Premium would
also relate to Meta Verified, based on the same principle. Meta Verified is
available in some EU member states, and if the argument is that selling
verification checkmarks leads to confusion, and creates a potential vector for
misinfo, then Meta's in the same boat here.
The technicalities here will matter, and the case will be an
interesting test of the EU Commission's new enforcement powers. And if it does
indeed go to trial, it could establish new precedent around the sale of
verification. X could still opt to change its approach, and remove X Premium
from the EU to cover the primary element of the case. But right now at least,
Elon Musk is looking to make a stand.
In the meantime, social media marketers are advised to keep
a close eye on the developments in this case, as it could have far-reaching
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