EU Launches Investigation into X Over Alleged Failure to Combat Deepfake Pornography and Illegal Content
The European Union has initiated a formal investigation into X (formerly Twitter) over concerns that the platform has failed to adequately protect European citizens – especially women and children – from illegal and harmful content, specifically focusing on the proliferation of non-consensual intimate imagery, including sexually explicit deepfakes. The investigation, announced January 26, 2024, is being conducted under the Digital Services Act (DSA), a landmark EU regulation designed to create a safer digital space. https://ec.europa.eu/commission/presscorner/detail/en/ip_24_533
This action marks the latest escalation in scrutiny of X under the DSA, following previous warnings and requests for facts regarding the platform’s content moderation practices. The EU’s concerns center on whether X has done enough to comply with its legal obligations to remove illegal content and protect users from harm. Failure to cooperate or address the identified issues could result in substantial fines – up to 6% of X’s annual global revenue.
Understanding the Digital Services act (DSA) and its Implications
The DSA, which came into effect in February 2023, represents a notable shift in how the EU regulates online platforms. https://digital-services-act.ec.europa.eu/ it establishes a tiered system of obligations based on the size and risk profile of online services. Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), like X, face the most stringent requirements.
These requirements include:
* content Moderation: VLOPs must have robust systems in place to identify and remove illegal content, including hate speech, terrorist propaganda, and child sexual abuse material.
* Openness: Platforms must be transparent about their content moderation policies and how they are enforced.
* User Empowerment: Users must have clear mechanisms to report illegal content and appeal content moderation decisions.
* Risk Assessments: VLOPs are required to assess and mitigate systemic risks associated with their services, such as the spread of disinformation and the negative impact on mental health.
* Independent Audits: Regular independent audits are mandated to ensure compliance with the DSA.
The DSA’s focus on proactive measures and accountability represents a departure from previous regulatory approaches, which often relied on a “notice-and-takedown” system where platforms only removed content after being notified of its illegality.
The Specific Concerns Regarding X and Deepfake pornography
the EU’s investigation specifically targets X’s handling of non-consensual intimate imagery, with a particular emphasis on deepfakes. Deepfakes are synthetic media – images, videos, or audio – that have been manipulated using artificial intelligence to depict someone doing or saying something they never did. While deepfake technology has legitimate applications, it is increasingly being used to create non-consensual pornography, often targeting women and children.
“sexual deepfakes of women and children are a violent, unacceptable form of degradation,” stated Henna Virkkunen, the EU Commission’s executive vice president for tech sovereignty, security, and democracy, in a press release. https://ec.europa.eu/commission/presscorner/detail/en/ip_24_533 The EU is concerned that X has not adequately addressed the rapid spread of this harmful content on its platform.
Several factors contribute to the challenges of combating deepfake pornography:
* Rapid creation and Dissemination: AI technology makes it easier and cheaper to create deepfakes, and social media platforms facilitate their rapid dissemination.
* Difficulty in detection: Deepfakes are becoming increasingly sophisticated, making them challenging to detect with conventional methods.
* Legal Gray Areas: The legal framework surrounding deepfakes is still evolving, and it can be challenging to determine liability and enforce existing laws.
* Platform Duty: The question of how much responsibility platforms have for content created and shared by users remains a contentious issue.
X’s Response and Previous DSA Scrutiny
X has previously faced criticism and requests for information from the EU regarding its content moderation practices. In September 2023, the European Commission requested detailed information from X about its measures to combat illegal content and disinformation, particularly in the context of the upcoming European Parliament elections. https://www.reuters.com/technology/eu-asks-x-details-about-illegal-content-disinformation-2023-09-05/
The platform responded with a white paper outlining its approach to content moderation, but the EU apparently found the response insufficient, leading to the current formal investigation. X,
