EU DSA fine against X heads to court in key test case

X Corp., owned by Elon Musk, has filed an appeal with the General Court of the European Union against a €120 million fine imposed by the European Commission for breaching the Digital Services Act. The penalty, issued in December, marks the first enforcement action under the 2022 law.

The Commission concluded that X violated transparency obligations and misled users through its verification design, arguing that paid blue checkmarks made it harder to assess account authenticity. Officials also cited concerns about advertising transparency and researchers’ access to platform data.

Henna Virkkunen, the EU’s executive vice-president for tech sovereignty, security, and democracy, said deceptive verification and opaque advertising had no place online. The Commission opened its probe in December 2023, examining risk management, moderation practices, and alleged dark patterns.

X Corp. argued that the decision followed an incomplete investigation and a flawed reading of the DSA, citing procedural errors and due-process concerns. It said the appeal could shape future enforcement standards and penalty calculations under the regulation.

The EU is also assessing whether X mitigated systemic risks, including deepfaked content and child sexual abuse material linked to its Grok chatbot. US critics describe DSA enforcement as a threat to free speech, while EU officials say it strengthens accountability across the digital single market.

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