This month is proving to be exceptionally challenging for the entity formerly known as Twitter. X, under Elon Musk’s leadership, is facing a series of complaints from the European Union alleging violations of the bloc’s Digital Services Act — a comprehensive set of regulations governing online operations and content management that could impose fines up to 6% of the company’s global yearly revenue for proven breaches.
Moreover, recent decisions have been unfavorable for Musk as TechCrunch reports that X violated several conditions of the Digital Services Act (DSA) and the EU’s General Data Protection Regulation (GDPR), which could entail penalties up to 4% of annual revenue. These findings stem from legal action initiated by an individual after X shadowbanned his account.
Accusations of arbitrary shadowbanning have plagued X, challenging its stance as a proponent of free speech.
PhD candidate Danny Mekić pursued legal redress when he learned X had limited his account’s visibility after he posted an article related to his research on proposed EU measures against child sexual abuse material (CSAM). X did not inform him about the shadowban, triggering one of the main issues addressed in the lawsuit.
Mekić noticed the restrictions only after external parties indicated they couldn’t access his replies or locate his profile in search results.
Despite reaching out to X to resolve the matter, Mekić’s efforts were unavailing, prompting him to file legal challenges in the Netherlands under the EU Small Claims procedure. He argued X breached essential DSA provisions by not offering a contact point for grievances (Article 12) and not providing a rationale for the account limitations (Article 17).
Being a premium user of X, Mekić also accused the company of violating the contract terms.
Upon detecting his shadowban, Mekić sought details on how X processed his personal data, invoking GDPR rights. Failure by X to supply the requested personal data laid the groundwork for another lawsuit concerning EU data protection mandates.
In the dispute related to the DSA, the court on July 5 ruled against X’s Irish arm (still named Twitter), finding it in breach of the contract and mandating compensation for Mekić’s loss of service—amounting to a symbolic $1.87 but underscoring a significant principle—and ordered X to establish a communication channel for Mekić within two weeks or incur daily fines.
On the Article 17 grievance under DSA, the court sided with Mekić, observing that X should have provided a rationale for the shadowban. Mekić had to seek judicial intervention to uncover that an algorithm triggered the account restriction following his news article share.
“I’m relieved by the outcome,” said Mekić to TechCrunch, noting a robust debate in court where Twitter contested the DSA’s proportionality and its application to shadowbanning practices.
Furthermore, the court found X’s standard terms in violation of the EU’s Unfair Terms in Consumer Contracts Directive.
In a concurrent GDPR lawsuit decided on July 4, Mekić secured additional victories regarding his data access rights and automated processing concerns under Article 22, emphasizing significant professional repercussions due to the shadowban. Consequently, X is obligated to provide detailed information about the decision-making process and any withheld personal data within a month or face daily penalties.
X was also directed to cover Mekić’s legal expenses for both lawsuits.
Although these judgments pertain to individual complaints, they could set precedents affecting DSA and GDPR enforcement against X. Ongoing preliminary breach findings against X signal the commencement of DSA enforcement as privacy advocates lament the perceived lax application of GDPR against major digital platforms.
Mekić hopes these actions will pave the way for improved legal transparency and user communication at Twitter. He advocates for a balance in online platform moderation, cautioning against excessive, opaque practices and suggesting a return to chronological content timelines to diminish algorithm-driven content prioritization.
While EU authorities play a vital role in enforcing DSA regulations on X, the broader task of ensuring adherence falls to national oversight bodies, with Ireland’s media regulator leading the charge in this instance.
Questioned on the status of longstanding GDPR complaints against X, the relevant Irish regulator was unable to provide immediate comments.
Mekić underscores the considerable personal effort involved in court litigation, despite the potential to proceed without legal representation. He advocates for a more robust regulatory framework to ensure compliance with EU laws.
Despite his victories, Mekić remains cautious about the broader impact on ending opaque shadowbans across the EU, highlighting the need for authoritative regulatory intervention and a reevaluation of platforms’ financial incentives behind such practices.
He calls for more transparent user engagement and account restriction policies, suggesting that proactive disclosures by platforms could serve as a benchmark for others.
Mekić expressed surprise at the oversight on widespread, unnotified shadowbanning practices, advocating for more systematic enforcement efforts.
X has been approached for comments on the court decisions.
Compiled by Techarena.au.
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