Elon Musk’s platform, X, is under fire from European regulators for not complying with the Digital Services Act (DSA). They have pointed out that X has misled its users through obscure user interfaces and incomplete data transparency. Furthermore, Musk has countered by accusing the EU of proposing secret deals to X, suggesting it could avoid fines if it censored speech silently. This claim adds a layer of complexity to the ongoing dispute between Musk and the EU, indicating a deeper conflict over regulatory and ethical standards.

Transparency Troubles for  X

The core issue lies in X’s transparency, particularly around user verification and advertising practices. The EU has criticized X for using ‘dark patterns’—tactics designed to manipulate users into making unintended decisions, like oversharing personal data. Additionally, the verification process on X has come under scrutiny; any user can pay to get a “blue checkmark,” potentially misleading others about the credibility of the account. This practice has reportedly allowed malicious actors to deceive the public, further complicating trust issues on the platform.

 Musk Strikes Back

Elon Musk has openly challenged the European Commission, bringing to light a contentious issue. He claims the EU suggested that X could engage in silent censorship—that is, moderating content without notifying users—and avoid penalties. This allegation paints a complex picture of the interactions between X and the EU, suggesting a deeper layer of regulatory conflict. Musk’s accusation points to potential overreach and hidden agendas within the EU’s regulatory practices, raising significant questions about transparency and fairness in governance. This ongoing dispute showcases Musk’s readiness to confront and publicize regulatory encounters, emphasizing his proactive defense of X’s operational freedoms against perceived encroachments.

The European Commission offered 𝕏 an illegal secret deal: if we quietly censored speech without telling anyone, they would not fine us.

The other platforms accepted that deal.

𝕏 did not. https://t.co/4lKsaRsYoA

— Elon Musk (@elonmusk) July 12, 2024

The High Stakes for Musk and X

The stakes are high for X as it navigates these legal challenges. If found in violation of the DSA, X could face significant fines. These could exceed $200 million—up to 6% of its annual global turnover. In 2023, this turnover was around $3.4 billion. Besides financial penalties, X might also undergo stringent supervision. This is to ensure compliance with EU laws. Such supervision could affect its operational freedom and potentially its global strategy.

Future Compliance and Business Impact

Looking ahead, X must balance compliance with the DSA while maintaining its innovative edge. The EU demands that very large online platforms like X meet strict advertising transparency requirements. They must also provide researchers with access to public data through the X API. Currently, X’s alleged failure to meet these requirements poses additional risks. These include non-compliance penalties and increased regulatory oversight. How Musk and his company adapt to these challenges will be critical. It will shape X’s future in the EU and potentially influence global tech governance.

In this ongoing conflict, Elon Musk’s strategies are testing the boundaries. The EU’s regulatory frameworks are also pushing limits. Together, they are testing digital platform operations and data privacy. This is setting a significant precedent for the tech industry. The outcome will not only affect Musk’s businesses. It will also offer a case study on the interaction between innovation and regulation in the digital age.