Irish media regulator investigates X for DSA violations in content moderation

Elon Musk's microblogging service X is being examined for compliance with the EU's DSA (Digital Services Act) regarding content moderation. This was announced by the Irish media commission Coimisiún na Meán. The supervisory authority will investigate whether users of the platform have a right of appeal when their requests to delete posts are rejected, even though users believe these posts violate X's terms of service, for example, in cases of hate speech.

The Irish media regulator (CNAM) is responsible for these matters within the European Union, as X (formerly Twitter), like Meta Platforms and TikTok, has its European headquarters in Ireland. Just in July, a lawsuit against the microblogging service X for hate postings was dismissed was dismissed in Berlin because Berlin courts were not competent to handle it. The place of performance was considered to be Ireland, so the courts could not substantively deal with the case of antisemitic hate postings.

DSA mandates a user-friendly complaint system

This is a matter for the CNAM, which has taken up its investigation of X following complaints from a user and HateAid, a non-profit organization supporting victims of online hate speech and hate comments. Article 20 of the Digital Services Act (DSA) requires large online platforms like X to have an effective internal complaint system through which users can appeal against the platform's decisions. This applies to both posts and blocked or deleted user accounts.

The CNAM investigation will now examine whether users can appeal individual post deletion requests rejected by X, even if users believe they violate the terms of service. It will also investigate whether users are informed about the outcome of a deletion request and their right of appeal. Furthermore, the CNAM will analyze X's internal complaint process, as it must be easily accessible and user-friendly.

“The right of users to report illegal content or content that violates a platform's terms of service, as well as the right to appeal a platform's decision, is a cornerstone of the DSA,” explains John Evans, Digital Services Officer at the CNAM. “This investigation aims to clarify whether X has properly informed users about their right to challenge decisions made after reporting content that they believe violates X's terms of service. Users must be informed about the platform's decision and their right of appeal. The right of appeal is a fundamental right and a cornerstone of the DSA.”

X faces hefty fines for DSA violation

The investigation into X is the first of its kind after the Irish media regulator published an online safety code with strict regulations for platforms like Instagram, TikTok, and YouTube about a year ago. With this, the Irish regulator prohibits hate and incitement in social networks across the EU aims to ensure that video-sharing platforms protect their users from hate and incitement, as well as other online harm.

Should the CNAM determine that X is in violation of the DSA, Elon Musk's platform faces financial sanctions. This includes a fine of up to 6 percent of its annual turnover.

(fds)