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Can Elon Musk’s Twitter Satisfy EU’s Digital Watchdogs?

Tesla CEO Elon Musk on March 14, 2019, Hawthorne, California and the Twitter logo outside their headquarters in San Francisco, California, on October 28, 2022. Tesla CEO Elon Musk on March 14, 2019, Hawthorne, California and the Twitter logo outside their headquarters in San Francisco, California, on October 28, 2022.  - Sputnik International, 1920, 25.11.2022IndiaAfter Elon Musk finalized the $44 billion deal to purchase Twitter on October 28, he rolled out a swath of changes, laying off thousands of the company’s employees, including those executives who were responsible for the platform’s privacy and cybersecurity. Furthermore, the social network closed its entire Brussels office.European Union officials have repeatedly voiced apprehensions about whether the new Twitter CEO, Elon Musk, will be willing and able to ensure that the social media site abides by Brussels’ rules pertaining to content moderation, data protection, and others. Upon finalizing his $44 billion purchase of the microblogging site on October 28, Musk tweeted “the bird is freed.” However, at the time, Internal Market Commissioner Thierry Breton lost no time in quipping that “In Europe, the bird will fly by our rules.”© Photo : TwitterTwitter screenshot of post by Internal Market Commissioner Thierry BretonTwitter screenshot of post by Internal Market Commissioner Thierry BretonAs the new “Chief Twit” proceeded to roll out numerous changes to the company and lay off staff, with the exodus resulting in the social network shutting down its entire Brussels office, EU Justice Commissioner Didier Reynders said on November 24 that the bloc’s officials were profoundly concerned. “The recent layoffs @Twitter and today’s results of the Code of Conduct against #HateSpeech are a source of concern. In my meeting at Twitter’s HQ, I underlined that we expect Twitter to deliver on their voluntary commitments and comply with EU rules, including #GDPR & #DSA,” Reynders tweeted.Furthermore, Musk restored the Twitter page of ex-President Donald Trump, whose account had been suspended since January 8, 2021, two days after the US Capitol riot. The tech guru primed users to expect an “amnesty” to suspended accounts, provided that they had not “broken the law or engaged in egregious spam” after some 3.16 million respondents cast their vote in a Musk-launched poll on the issue.Looking back at all the rhetoric that has come from the multi-billionaire CEO of Tesla and SpaceX regarding his future for Twitter, the question arises: can Elon Musk implement his vision for the platform without running afoul of the EU’s laws?Brussels Concerned About Gaps in Twitter’s Content Moderation Practices03:50 GMT

What Laws Does EU’s Digital Rulebook Contain?

Firstly, while Elon Musk extended a promise to restore free speech to Twitter, the company, like any other social media platform, is required by EU law to remove any content that’s illegal in any of the 27 member states of the bloc. In other words, Musk will have to fall in line with the bloc’s new Digital Services Act (DSA), which came into force on November 16. The DSA was touted as offering an “unprecedented new standard” for online platforms that would ostensibly enable social media companies to be held accountable for “illegal and harmful content.” Furthermore, the DSA, fully applicable as of February 2024, will slap much stricter rules on companies regarding moderating certain content, obliging networks with over 45 million users to submit annual reports to regulators about illegal and malicious content on their sites and open up their algorithms to security agencies. Accordingly, by February 17, 2023, social platforms and search engines are required by the new book of rules to report the number of their active users to the EU Commission, allowing the latter to designate them as a Very Large Online Platform (VLOP) with over 45 million active EU users, or a Very Large Online Search Engine (VLOSE).The largest platforms and search engines will be granted a deadline of June 2023 to comply with DSA rules regarding content moderation. As an example of what this might entail for Twitter, lets take a look at the recent rollout of the program offering “verified” blue checkmarks to users willing to pay over $7.99 monthly. The company was forced to pull the plug on the program temporarily after pranksters had a field day with the symbol, impersonating various celebrities, corporations, and political lobbying groups. If Twitter were a designated VLOP, under the DSA rules it might entail a probe and likely fines, as the law bans VLOPs from rolling out a major design modification unless a risk assessment was carried out prior to the decision.The EU’s tough privacy and security law, the General Data Protection Regulation (GDPR), is also a serious issue for Twitter to contend with. The regulation imposes obligations on organizations targeting or collecting data related to people in the EU, with strict fines set aside for those who violate the standards. As such, GDPR obliges Twitter to install a data protection officer in Brussels, while also receiving consent before targeting ads to specific user groups. Any data breaches would render Twitter liable. Science & TechMusk: Twitter to Promote Free Speech But Limit Reach of ‘Hate Tweets’ on Platform18 November, 20:13 GMT

Why Could Following EU Rules Be Difficult for Musk’s Twitter?

Despite Elon Musk extending assurances to apprehensive officials in Brussels that he will comply with the DSA rules, for example, in effect his exodus of staff has reportedly left him with a limited number of employees who could be tasked with moderating content. Several rounds of layoffs have taken place since the buyout deal, with the company said to have fired about 50 percent of its staff in phase one of the cull, including the head of the Brussels office, Stephen Turner. Two people overseeing Twitter’s digital policy on the European continent – Julia Mozer and Dario La Nasa – reportedly parted ways with the firm last week. Accordingly, installing a mechanism for Twitter users to flag illegal content and having enough moderators on board to review content in each EU country may present a challenge. A “skeleton” staff to oversee security may also place Twitter at risk of hacker attacks targeting user data.

How Could EU Force Twitter to Comply With its Rules?

From harshly-worded statements to fines equal to around six percent of Twitter’s annual profit, EU regulators could ensure that their rulebook is adhered to. In compliance with the DSA, Twitter will be required to publish the number of its users in February, with the advent of the commission supervision process. As for the risk assessment revealing how the microblogging site is cutting down on the volume of “harmful content,” or, in other words, disinformation, compliance with this aspect is set for the summer of 2023. If Twitter were to violate EU rules, the bloc’s digital regulators could force the company to remove content deemed illegal. In regard to DSA, for example, it might be seen as not putting in enough elbow grease to prevent the spread of “objectionable or misleading content,” with the EU’s executive commission empowered to demand a change to Twitter’s algorithms and policies. The EU’s voluntary Code of Practice on Disinformation was signed by Twitter this summer. The latter saw the firm promise not to profit from disinformation and to fight fake accounts.In a worst-case scenario, the EU digital regulators have enough power to ban Twitter from operating across the entire bloc.Elon Musk Takes Swipe at Those Who Forecast Twitter Demise23 November, 09:47 GMT

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