On Wednesday 11 October, the European Commissioner for the Internal Market, Thierry Breton, asked the head of the Meta group, Mark Zuckerberg, to be vigilant in terms of content moderation, in order to comply with the rules of the legislation on digital services (DSA) (see EUROPE 13262/9), against a backdrop of an explosion in illegal content and disinformation disseminated online since the terrorist attacks carried out by Hamas against Israel. The day before, the Commission had already issued an ultimatum to the owner of the social network X (formerly Twitter), Elon Musk, in view of the abundance of illegal content on his platform. ”While we have noted the steps taken by Meta to increase mitigation measures in the lead-up to the recent elections in Slovakia (...), we have also been made aware of a significant amount of false information and manipulated content that has circulated on your platforms, some of which still appears online”, Mr Breton wrote in a letter to Mr Zuckerberg. The Commission is therefore asking the company to “ensure that the mitigation systems are effective” and to inform it of the measures that will be taken to mitigate ‘deepfakes’, at a time when geopolitical tensions are mounting, conflicts and tensions are multiplying, and a number of elections in Poland, the Netherlands, Belgium, Croatia, Austria and the European Parliament are due to take place shortly.
On the evening of Tuesday 10 October, the Commission was less kind to Elon Musk, asking him to be “very transparent and clear” about what content is authorised and to “consistently and diligently enforce your own policies”, especially “when it comes to violent and terrorist content that appears to circulate on your platform”.
In addition, the Commission points out that, under the rules of the Digital Services Act (DSA) (see EUROPE 13262/9), the removal of problematic content must be done in a “timely, diligent and objective” way following receipt of notifications of illegal content within the EU. Several “qualified sources” have informed the Commission that “potentially illegal” content continues to circulate despite warnings from the relevant authorities.
Finally, mitigation measures should be put in place to reduce rampant disinformation on the online platform. Several public media and civil society organisations have reported cases of images or videos circulating on X that have nothing to do with the situation in Israel and Gaza.
Twenty-four hours to respond
In his letter to Mr Musk and Mr Zuckerberg, Thierry Breton indicated that the two men had 24 hours to provide “a prompt, accurate and complete response” to the Commission’s requests, failing which an investigation could be opened. In the event of non-compliance with the DSA, this could lead to significant penalties, including financial penalties.
“Our policy is for everything to be open and transparent, an approach I know the EU supports”, Elon Musk replied on X, asking the Commission to list the violations it refers to on the social network, “so that the public can see them”.
“You are well aware of your users’ — and authorities’— reports on fake content and glorification of violence. Up to you to demonstrate that you walk the talk”, Mr Breton retorted.
Several MEPs also reacted to the brief exchange between the two men. Stéphanie Yon-Courtin (Renew Europe, French) pointed out that fines and bans on operating in the EU internal market “are not threats”, but “the consequences of non-compliance with the rules”.
Germany’s Minister for Digital Affairs, Volker Wissing, also called on Elon Musk to show “no tolerance for terrorism or [those calling for destruction of] Israel and Jewish life”, adding that it was a “legal duty and ethical responsibility” to “offer no platform to terrorists and anti-Semites” and to delete illegal accounts and content. “Put an end to these accounts”, he concluded. This showdown between the Commission and the owner of X is not a first (see EUROPE 13194/4). Requests to the platform to comply with the DSA have multiplied since the text came into force in November 2022. Last June, the Commissioner for the Internal Market called on Mr Musk to strengthen his resources in order to comply with the DSA (see EUROPE 13208/22).
To see the letter: https://aeur.eu/f/906 (Original version in French by Thomas Mangin)