X's BlueChecks 'deceive users, and breach EU Internet rules'
X social media - Photo by Julian Christ on Unsplash
(BRUSSELS) - The EU Commission warned X formerly know as Twitter Friday that it could be fined for its 'Bluechecks' which could be trying to deceive users and so be in breach of EU's Digital Services Act.
The social media giant could also be breaching the DSA in areas linked to dark patterns, says the EU executive, and in advertising transparency and data access for researchers.
Based on its in-depth investigation, the Commission issued preliminary findings of non-compliance on three grievances:
- First, X designs and operates its interface for the "verified accounts" with the "Blue checkmark" in a way that does not correspond to industry practice and deceives users. Since anyone can subscribe to obtain such a "verified" status, it negatively affects users' ability to make free and informed decisions about the authenticity of the accounts and the content they interact with. There is evidence of motivated malicious actors abusing the "verified account" to deceive users.
- Second, X does not comply with the required transparency on advertising, as it does not provide a searchable and reliable advertisement repository, but instead put in place design features and access barriers that make the repository unfit for its transparency purpose towards users. In particular, the design does not allow for the required supervision and research into emerging risks brought about by the distribution of advertising online.
- Third, X fails to provide access to its public data to researchers in line with the conditions set out in the DSA. In particular, X prohibits eligible researchers from independently accessing its public data, such as by scraping, as stated in its terms of service. In addition, X's process to grant eligible researchers access to its application programming interface (API) appears to dissuade researchers from carrying out their research projects or leave them with no other choice than to pay disproportionally high fees.
The Commission stresses that its preliminary findings are that X it is in breach of the DSA, but this is without prejudice to the outcome of the investigation. X can now exercise its rights of defence by examining the Commission's documents and replying to the findings.
If the Commission's preliminary views were to be ultimately confirmed, however, fines could be imposed of up to 6% of the total worldwide annual turnover of the provider, andit would order the provider to take measures to address the breach.
The Commission has also opened formal proceedings against TikTok in February and April 2024, AliExpress in March 2024, and Meta in April and May 2024.