European Union: Announced EU Commission investigation into X's compliance with requirements regarding the dissemination of illegal content under the DSA

On 18 December 2023, the European Commission initiated an investigation into X's, formerly Twitter, compliance with the requirements of the Digital Services Act (DSA) regarding the dissemination of illegal content. The Commission has commenced formal infringement proceedings against X under the DSA following a preliminary investigation based on a risk assessment report, a transparency report, and the replies to a request about the dissemination of illegal content. The investigation will focus on X's compliance with obligations to counter illegal content dissemination in the European Union (EU). Furthermore, the Commission will examine the effectiveness of X's 'Community Notes' system and related measures against information manipulation, as well as the transparency of X's platform, including access to data for researchers and ad repositories. The proceedings will investigate a suspected deceptive design in the user interface. These potential infringements will be prioritised for in-depth investigation. This marks the first enforcement action under the EU-wide horizontal framework for online platform responsibility. The Commission will continue to collect evidence and may take further enforcement steps or accept commitments from X. The duration of the investigation depends on various factors and does not preempt its outcome. Additionally, the Commission will relieve other EU authorities of their supervisory roles for certain DSA infringements.