The EU issues a warning to Elon Musk about spreading disinformation regarding a Hamas attack

Failure to moderate content, including fake news, could lead to a fine equivalent to 6% of X’s revenue or potential EU blackout as per new regulations.

Elon Musk has been warned by the EU regarding alleged disinformation on his platform, X, related to the Hamas attack on Israel. The EU has introduced extensive content regulations through the Digital Services Act, and failure to comply could result in a fine equivalent to 6% of X’s revenue or a complete EU blackout for Musk as the owner of the platform.

Commissioner Thierry Breton, responsible for overseeing the act, has communicated with Musk via a letter, stressing the urgency of a rapid, precise, and comprehensive response to Europol and relevant law enforcement agencies within the next 24 hours. Breton emphasized the significance of Musk adopting appropriate and effective measures to tackle the risks to public security and civic discourse associated with disinformation.

Breton stated that there are indications that your platform is aiding the dissemination of unlawful content and disinformation in the EU following the Hamas terrorist attacks on Israel. Numerous public media outlets and civil society organizations have extensively documented instances of counterfeit and altered content circulating on your platform within the EU. These include the misuse of old images from unrelated conflicts and the misrepresentation of military footage sourced from video games. This constitutes evidently inaccurate or deceptive information, as per Breton’s statement.

Breton emphasized, “I would like to reiterate that the Digital Services Act imposes very specific responsibilities concerning content moderation.” He expressed concerns about X’s alignment with the new regulations due to alterations in its public interest policies.

Musk withdrew from the EU’s self-regulatory code established earlier this year, designed to assist social media companies in establishing systems for compliance with the new regulations. In contrast, Facebook, Google, TikTok, and other companies have embraced this code and are actively removing disinformation in accordance with the new rules.

In response to Breton’s communication regarding X, Musk stated, “Please provide a list of the alleged violations on X, allowing the public to view them.”

Referring to the law’s requirement that platforms autonomously regulate their content under the new regulations, Breton responded, “It’s your responsibility to demonstrate your commitment to action.”

Breton’s strongly worded letter to Musk conveyed the following:

First, it is imperative for you to maintain transparency and clarity regarding the content allowed within the framework of your terms of service, and consistently and rigorously enforce your own policies. This is especially critical in cases involving violent and terrorist content that appears to be proliferating on your platform. The recent abrupt alterations in your public interest policies have left many European users in a state of uncertainty.

Second, when notifications of illicit content in the EU are received, it is essential to promptly, diligently, and impartially address the issues and remove the content as needed. We have received reports from credible sources indicating the presence of potentially illegal content on your platform, despite warnings from relevant authorities.

According to the new regulations, social media companies are obligated to address reports of unlawful content within a 24-hour timeframe. They are allowed to challenge user complaints, but there is an appeals process available to consumers.

There is a growing concern in Brussels regarding Twitter’s failure to meet the 24-hour response requirement for complaints concerning disinformation and other illicit content, such as hate speech.

Breton urged Musk to take immediate action to guarantee the effectiveness of his systems and promptly communicate the crisis measures to the EU. “Given the urgency of the situation, I also expect you to establish contact with the relevant law enforcement authorities and Europol, ensuring a swift response to their requests,” Breton added.

The EU has clarified in its briefings on the Digital Services Act that those who do not participate in the voluntary code of practice will not have the opportunity to present “mitigating” factors if punitive measures are considered in Brussels.

Breton informed Musk, “Your response will be included in our evaluation of your compliance with the DSA. I would like to remind you that in the event of a potential investigation and a determination of non-compliance, penalties may be imposed.”

In recent days, X has come under scrutiny due to concerns raised about fabricated posts and Elon Musk’s endorsement of accounts that have disseminated false claims or antisemitic remarks.

On Sunday, Musk recommended two accounts, stating, “For real-time updates on the war, @WarMonitors and @sentdefender are reliable sources. It’s also beneficial to follow firsthand sources on the ground. Please share any other interesting options in the comments below.