Suspending Elon Musk-owned social network X in the European Union could be more difficult than some politicians have suggested and, at worst, only temporary, experts told AFP.
Former European Commissioner Thierry Breton recently suggested that it would be “possible” to suspend the platform across the 27-nation bloc, citing the Digital Services Act (DSA) and Digital Markets Act (DMA) that came into force in early 2024. Breton’s suggestion followed allegations that X’s algorithm was amplifying specific political viewpoints, especially those aligned with its owner.
On January 17, the European Commission announced new technical measures as part of an investigation it opened against X in 2023.
‘Very Large Platform’ Status
The DSA imposes a single regulatory framework on digital platforms across all EU member states. X, with more than 45 million active users per month, has been designated as a “very large online platform,” subjecting it to stringent content moderation requirements. These platforms must take steps to limit “systemic risks,” including threats to “media freedom and pluralism” and “democratic processes.”
Possible Penalties
Suspending X is a “realistic but extreme path,” according to Jean Cattan, general secretary of France’s National Digital Council. The DSA does not provide for a permanent ban; its maximum penalty is a temporary suspension ordered by a judge, following a potential fine of up to 6% of a platform’s worldwide annual revenue.
Challenges in Implementation
Applying the DSA’s terms will likely prove difficult. Proving algorithmic bias requires access to and understanding of the algorithm itself, said Professor Alexandre De Streel of the Centre on Regulation in Europe (CERRE).
Pressure from National Capitals and EU Lawmakers
Brussels is under pressure from national capitals and EU lawmakers to maintain pressure on X. Around 30 MEPs recently wrote to European Commission chief Ursula von der Leyen, demanding an examination of X’s compliance with the DSA.
No National Action
In France, Foreign Minister Jean-Noel Barrot expressed frustration with the Commission’s inaction against X. However, the DSA’s rules mean that digital regulators in Ireland, where X has its European headquarters, must take any action. France’s Arcom audiovisual authority can only transmit complaints to Dublin.
Only in cases of national security or other rare exceptions can national capitals act directly against specific websites or social networks, as Paris did against TikTok during the 2024 riots in New Caledonia.