Twitter, the social media platform owned by Elon Musk, is facing a serious challenge from the European Union over its failure to moderate illegal and harmful content on its site. The EU has accused Twitter of pulling out of its voluntary code of practice on disinformation and warned that it could face fines or even a ban if it does not comply with the new Digital Services Act (DSA) that will come into force in August 2023.
Twitter announced its decision to quit the EU code of practice on disinformation in December 2022, citing its dissatisfaction with the code’s effectiveness and transparency. The code was launched in June 2020 and aimed to prevent profiteering from disinformation and fake news, as well as increasing transparency and curbing the spread of bots and fake accounts. Twitter was one of the 44 tech firms that signed up to the code, along with Meta, Google, Microsoft, TikTok, and Twitch.
The code allowed the signatories to choose which pledges to make, such as cooperating with fact-checkers or tracking political advertising. However, Twitter claimed that the code did not address the root causes of disinformation and that it lacked clear and consistent standards and enforcement mechanisms. Twitter also argued that the code was too focused on the EU market and did not reflect the global nature of the disinformation problem.
EU conducts stress test on Twitter’s moderation systems
In response to Twitter’s withdrawal from the code, the EU decided to conduct a stress test on Twitter’s moderation systems to assess its readiness for the new DSA rules. The DSA is a law that obliges tech companies to do more to tackle illegal online content, such as hate speech, terrorism, child sexual exploitation, and counterfeit goods. The DSA will apply to platforms with more than 45 million monthly active users in the EU, which includes Twitter.
The stress test took place on Thursday, January 18, 2023, at Twitter’s headquarters in San Francisco. A team of EU officials entered the company’s premises and carried out a mock exercise with Twitter staff to test its controls on illegal and harmful content, as well as its approach to disinformation. The exercise covered areas such as recommended content, content moderation policies, user reporting mechanisms, and cooperation with authorities and civil society.
EU warns Twitter of consequences for non-compliance
The results of the stress test were not satisfactory for the EU, which warned Twitter of the consequences for non-compliance with the DSA. Thierry Breton, the EU commissioner for the internal market, said that Twitter was taking the exercise seriously and had identified the key areas on which it needed to focus to comply with the DSA. However, he also said that Twitter had a long way to go and that work needed to continue for the systems to be in place and work effectively and quickly.
Breton also reminded Twitter that the DSA will come into force on August 25, 2023, and that the EU will not hesitate to enforce the law. He said that Twitter could face fines of up to 6% of its global revenue or even a ban in the EU if it fails to comply with the DSA. He also said that the EU expects Twitter to rejoin the code of practice on disinformation and to cooperate with other platforms and stakeholders to fight the spread of false and misleading information online.
Twitter defends its moderation policies and practices
Twitter, on the other hand, defended its moderation policies and practices and said that it was committed to protecting the safety and integrity of its users and the public conversation. Twitter said that it had invested in technology and human resources to detect and remove illegal and harmful content, as well as to promote credible and authoritative information. Twitter also said that it had implemented measures to increase transparency and accountability, such as labeling manipulated media, providing context on trending topics, and disclosing information on political ads and state-affiliated accounts.
Twitter also said that it respected the EU’s efforts to regulate the online space, but that it had concerns about the DSA’s scope and impact. Twitter said that the DSA could undermine the freedom of expression and innovation that are essential for the internet. Twitter also said that the DSA could create a fragmented and inconsistent regulatory environment that would harm the users and the industry. Twitter called for a more balanced and collaborative approach to regulation that would respect the diversity and dynamism of the online ecosystem.
