Elon Musk’s X faces EU scrutiny over “dark patterns” and deceptive practices

Elon Musk

Elon Musk’s social media platform, X, is under fire from the European Commission for allegedly breaching EU online content rules.

According to a statement released on Friday, the Commission’s preliminary findings suggest that X uses “dark patterns” to deceive users, potentially violating the Digital Services Act (DSA).

Investigation into X’s compliance with EU regulations

The European Commission, the executive arm of the EU, began an investigation last year to determine whether X complies with the DSA.

The Act, designed to create a safer and more transparent online environment, sets strict guidelines for online platforms regarding user data, advertising transparency, and content moderation. The Commission’s initial view indicates that X has fallen short in several key areas.

One of the main issues highlighted is X’s use of dark patterns. These are manipulative design tactics used to nudge users into making decisions that they might not otherwise make. For instance, users might be tricked into sharing more personal information or subscribing to services unintentionally.

The Commission also noted that X lacks adequate transparency in its advertising practices and has failed to provide necessary data access for researchers.

Misuse of the blue checkmark for verification

A significant point of contention is X’s approach to verified accounts. Unlike industry norms where verification is a mark of authenticity and credibility, X allows anyone to subscribe and obtain a blue checkmark. This practice has led to concerns about the potential for abuse.

The Commission found evidence that “motivated malicious actors” have exploited the verified status to deceive users, undermining trust and credibility on the platform.

This misuse of the verification process raises serious questions about the platform’s commitment to user safety and the integrity of its services.

The blue checkmark, once a symbol of reliability, has become a tool for manipulation, further complicating the platform’s regulatory compliance.

Potential consequences and future steps

If the Commission’s preliminary views are confirmed, X could face severe penalties, including a fine of up to 6% of its global annual turnover.

This would not only be a significant financial blow to the platform but also a stern warning to other tech companies about the importance of adhering to the DSA.

EU industry chief Thierry Breton emphasized the seriousness of the situation in a post on X, stating,

X has now the right of defence — but if our view is confirmed we will impose fines & require significant changes.

This statement underscores the EU’s commitment to enforcing its digital regulations and ensuring that online platforms operate transparently and ethically.

X now has the opportunity to respond to the Commission’s findings and defend its practices. The platform will need to demonstrate that it can comply with the DSA’s requirements and address the concerns raised by the investigation.

This could involve significant changes to its user interface, advertising practices, and verification processes.

Broader implications for the tech industry

The outcome of this investigation could have broader implications for the tech industry. As regulators worldwide grapple with the challenges posed by large online platforms, the EU’s actions against X may set a precedent for how digital services are regulated and held accountable.

The tech community will be closely watching how X responds to these allegations and what measures it takes to comply with the DSA.

This case highlights the growing importance of regulatory oversight in the digital age and the need for platforms to prioritize user rights and transparency.

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