Authored by Robert Kogon via The Brownstone Institute,
The platform X, rebranded as a “free speech platform,” shares information on its users with EU member states, not just for illegal speech but also for legal speech considered “harmful” under national legislation in EU countries. This practice is in line with the EU’s Digital Services Act (DSA), which requires platforms to take action against not only illegal content but also content deemed harmful, such as “disinformation.”
The latest Transparency Report from X shows that nearly 90% of requests for information on purveyors of illegal or harmful speech came from Germany, highlighting the country’s active role in reporting such content. X takes action against reported content by deleting or geo-blocking it, as well as implementing visibility filtering or restricting engagement.
Germany stands out as the top reporter of illegal or harmful speech, submitting 42% of all reports to X in this category. The country also leads in reports related to content affecting civic discourse or elections, demonstrating a commitment to regulating online speech.
It is worth noting that the majority of reports and enforcement actions involve English-language content, despite Germany not being a predominantly English-speaking country. This raises questions about jurisdiction over English-language discourse within the EU.
The Transparency Report reveals that X is heavily invested in complying with the EU’s censorship regime, contradicting its image as a free speech platform. With over 226,000 enforcement actions taken in a short period, X is actively policing content to meet EU standards.
While the EU’s case against X focuses on other aspects of the DSA, the platform’s compliance with content moderation requirements remains a contentious issue. The potential for fines against Elon Musk’s companies adds another layer to the ongoing struggle between X and EU officials.
Despite initial concerns about shadowbanning, the investigation into X now revolves around different DSA provisions. The reality is that no online platform can claim to be a free speech platform while operating within the EU under the constraints of the DSA.
New reports suggest potential fines against Elon Musk’s companies based on EU regulations, further complicating the landscape of online censorship and free speech.
Ultimately, the DSA sets a standard that makes it challenging for any platform to maintain a true free speech ethos while operating in the EU market.