EU: Twitter could face legal consequences if it fails to comply with the EU's privacy and content moderation regulations
After acquiring twitter for $44 billion and becoming its CEO, Elon Musk has started dramatically restructuring the company. Steps such as firing the human rights team and the announcement that there will be changes to the content moderation policy have lead the UN Commissioner for Human Rights and NGOs to voice concerns over possible negative human rights impacts.
We at Amnesty International are incredibly concerned that within a week of taking control of Twitter, @elonmusk has laid off Twitter’s entire human rights team and AI ethics team. Regardless of ownership, @Twitter has a responsibility to protect human rights.Amnesty International
EU-politicians were quick to point out that twitter will still have to comply with EU-regulations. Industry Commissioner Thierry Breton, for example, warned Musk against turning the social media platform into a completely unregulated platform. In a tweet he refers to the new Digital Services Act (DSA), which obliges large internet platforms to submit risk assessments once a year with regard to the dangers to freedom of expression or fundamental rights.
Furthermore, they must minimise the risks and remove dangerous content – something that might go against Musk's idea of a “digital town square” and the wish for less content moderation. Breton said in April that Twitter must comply with the new Digital Services Act or it will face sanctions or penalties. Twitter will have to implement the necessary measures by mid 2023 or early 2024. In early December, Breton reiterated this, emphasising that Twitter could even face a shutdown in Europe if it fails to comply with the rules.
👋 @elonmusk
— Thierry Breton (@ThierryBreton) October 28, 2022
In Europe, the bird will fly by our 🇪🇺 rules.#DSA https://t.co/95W3qzYsal
Besides the Digital Services Act, twitter will also have to meet the obligations arising from European privacy regulations that protect the right to privacy. The recent changes – and the resignation of important senior staff – have already alarmed the Irish Date Protection Commission. According to reports, twitter no longer meets the obligations required for it to claim Ireland as its main establishment under the European Union’s General Data Protection Regulation (GDPR) by, for example, not having a Data Protection Officer. This would open twitter up to legal action from other European data protection regulators and could lead to huge fines.