Elon Musk Picking A Fight With The EU Over The Disinformation Code

Twitter Withdraws From EU’s Code Of Practice On Online Disinformation

In a tweet posted on May 26th, the EU’s internal Market Commissioner Thierry Breton announced, “Twitter leaves EU voluntary Code of Practice against disinformation. But obligations remain.”

Prior to the announcement by Breton, there were rumors of an impending Twitter exit but they were just that, rumors! The obligations mentioned by Breton in the tweet refer to the legal obligations that Twitter will be bound by despite exiting the code practice.

“You can run but you can’t hide,” Breton added.

The EU’s Digital Services Act (DSA), which entered into force in November 2022, passed the law which will require very large online platforms (VLOPs) like Twitter to assess and manage systemic risks that platforms pose to civic rights and the electoral process such as disinformation.

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Breton in the tweet reiterated that the EU’s teams will be ready to enforce the law which is set to be enforceable as of August 25th, 2023. “Beyond voluntary commitments, fighting disinformation will be a legal obligation under #DSA as of August 25. Our teams will be ready for enforcement,” he said.

History Of Twitter And The EU Code

Back in 2018 (before Musk’s takeover), then-Twitter management signed up the platform to the voluntary EU Code on disinformation. In June 2022, also before Musk’s reign, the EU introduced an updated version of the code as well as a transparency center, the DSA, to monitor adherence to the code.

As TechCrunch reports, while the platform has not always excelled in eliminating bots and purging nonsense, the occurrence of disinformation has escalated significantly under Musk’s leadership.

This is because of some controversial steps that Musk has taken in his tenure such as stuff cuts and monetizing verification in an attempt to break even financially.

As a result, the EU has issued several warnings to Twitter regarding its compliance with the code. Back in November 2022, the EU said publicly that Twitter has “huge work” cut out for it if it was to avoid breaching the DSA. 

Again, in February, the platform was handed another warning. This time for failing to its commitments as per the DSA. Twitter was singled out by the EU as having submitted a below-par report on its efforts to tackle disinformation compared to other VLOPs such as Google, Meta, TikTok, and Twitch.

Considering Elon Musk’s ideals regarding ‘free speech’ and ‘speech moderation’, a clash between Twitter and the EU was always very likely. The clash looks more so inevitable now as Elon seems to be promoting far-right ideals on the platform.

A claim made stronger by a recent event where he hosted the Republican Party’s Ron DeSantis as he launched his 2024 presidential bid on Twitter Spaces.

Earlier this month, Elon Musk was paid a visit by EU’s Thierry Breton. Breton introduced Musk to the newly agreed Digital Services Act (DSA). Questioned on his thoughts about the Act, Elon said, “I think it’s exactly aligned with my thinking.”

A few days later claims of Twitter’s exit from the EU code began contrary to his earlier claims giving the code a thumbs up.

What Is Musk Risking By Exiting

As TechCrunch claims, this is a particularly expensive fight for Musk to pick. Any breach caught under the DSA for those who are not a member risk attracting fines and penalties that could rise up to 6% of global annual turnover.

The Commission has additionally issued a warning that blatant and persistent non-compliance may result in it blocking access to a service. This means that Twitter risks losing access to an area with about 440 million people.