EU: X's blue checks are deceptive 'dark patterns' breaching social media laws

EU Accuses Elon Musk’s X of Deceptive Practices and Non-Compliance

The European Union has raised significant concerns about Elon Musk's X, formerly known as Twitter, accusing the platform of deceptive practices and failing to meet transparency and accountability standards. This marks the first notable charge against a tech company under the EU's newly implemented social media regulations. The European Commission outlined these concerns after conducting an investigation into X’s operations.

Dark Patterns and Verification Issues

The European Commission has criticized X's handling of its blue check verification system. They argue that the blue checks now represent “dark patterns,” which can be exploited by malicious actors to deceive users. Under Musk’s ownership, X altered the verification process to allow any user to obtain a blue check for a fee of $8 per month, moving away from the previous system where checkmarks were reserved for verified accounts like celebrities and politicians. The commission contends that this change compromises users' ability to make informed decisions about the authenticity of accounts and content.

Inadequate Ad Transparency

Additionally, the commission has charged X with failing to comply with the Digital Services Act (DSA) requirements for ad transparency. The DSA necessitates that platforms maintain a searchable and reliable database of all digital advertisements, including details such as the payer and the target audience. However, according to regulators, X’s ad database contains design flaws and access barriers that make it ineffective for transparency purposes, hindering researchers from probing emerging risks associated with online ads.

Data Access for Researchers

The platform is also criticized for obstructing researchers' access to public data. The DSA mandates provisions to allow researchers to scrutinize platform operations and monitor online risks. The commission noted that X's policies dissuade or financially burden researchers by either making data scraping from the site impossible or imposing high fees for data access through its interface. These practices prevent independent scrutiny of the platform.

Response and Next Steps

Elon Musk has responded combatively to the accusations, alleging that the European Commission offered X an illicit deal to secretly censor speech in exchange for avoiding fines, a claim he asserts other platforms accepted, but X did not. This statement was made on the platform itself, without further elaboration. Requests for comment to X yielded an automated response stating the company was too busy to reply. Reports indicate that X's main spokesman left the company in June.

X now has an opportunity to address these charges and make necessary adjustments to comply with the DSA. Should they fail to satisfy the commission's requirements, they face penalties of up to 6% of their annual global revenue and mandated corrective actions. The current findings are just one part of a broader investigation. Regulators continue to assess X's measures to curb illegal content, such as hate speech and terrorism incitement, alongside examining the platform's mechanisms for combating misinformation through features like Community Notes.

Ongoing Investigations

X is not the only platform under scrutiny. The European Commission's ongoing DSA investigations also include other major players like TikTok, AliExpress, and Facebook and Instagram owner Meta Platforms. These investigations aim to ensure that all platforms adhere to the new regulations, which seek to enhance user protection and accountability in the digital sphere.