Elon Musk’s social media platform X, formerly known as Twitter, has faced a significant setback after being fined €120 million (£105 million) for violating the European Union’s Digital Services Act (DSA). This latest penalty has highlighted the rising tensions between the social media platform and the European Union’s continued efforts to reduce the circulation of online hate speech. The purpose of the EU fine was to restore the EU’s credibility as an enforcer of legislative measures. This action brings attention to a much deeper battle over free speech and online safety concerns settled.
Musk has portrayed himself as a “free speech absolutist.” He has personally gone after groups such as the Center for Countering Digital Hate (CCDH). This US-UK organization advocates against online hate speech, which Musk has labeled a “truly evil organization that just wants to destroy the first amendment under the guise of doing good!” His remarks illustrate the increasingly aggressive battle between X and regulators, especially in the EU and UK.
The penalty imposed on X comes on the heels of a legal fight Musk started up with CCDH in early 2023. Later, a judge tossed his suit. The ruling reasoned that such an action was an unconstitutional attempt to punish the entity for its protected speech. This ruling illuminates the complex free speech legal landscape surrounding targeted censorship and online moderation. It is particularly aimed at the likes of X, which have been widely accused of spreading dangerous content.
Specifically, Thierry Breton–the former European industry commissioner–has been instrumental in getting these regulations passed. He is one of the main architects of the Digital Services Act (DSA). The DSA strikes a careful balance between holding Big Tech accountable for spreading harmful content and protecting the rights of users across EU member states. The enforcement of this act is a landmark moment in the European Union’s long-term strategy to crack down on big tech firms.
Just last week, the UK’s Ofcom threatened a £20,000 fine on the online message board 4chan. This 4chan penalty is the result of an assessment of risk that they refused to answer, consequently violating the OSA. The UK government has already restated its commitment to the OSA. In another key move, it’s resolved to enforce these rules without flinching. The bigger picture US vice-president JD Vance recently drew out the broader implications of the story. He quipped that free speech in the UK is “in full retreat.”
With tensions rising, the EU and UK are both arguably set up to escalade each other’s regulatory races to the bottom. The US State Department has recently announced new efforts to block the entry of foreign nationals who “censor Americans.” This action further confuses the international debate over free expression and online regulation.