An upcoming privacy policy update on X (formerly Twitter), owned by Elon Musk, aims to clarify the rights of European Union (EU) users regarding decisions made under the bloc’s Digital Services Act (DSA). This includes information on how users can appeal actions such as account bans, content removals, and shadowbanning.
Key Changes to Privacy Policy
- X’s updated privacy policy, which will take effect on November 15, 2024, outlines how EU users can challenge certain decisions under the DSA. The platform’s note emphasizes the right to dispute through internal processes or via out-of-court dispute settlements.
- The company links to a page explaining EU users’ rights to appeal, including the ability to select a certified out-of-court dispute body in their country.
- Certified arbitration bodies, under the DSA, handle disputes, though their decisions are not legally binding for the platform.
EU Regulations and Penalties
The DSA enforces strict governance on digital platforms, carrying fines of up to 6% of global annual turnover for violations. This high-stakes regulatory environment puts pressure on platforms like X to comply.
Legal Precedents and Shadowbanning Enforcement
A notable legal case in the Netherlands set a precedent when Danny Mekić, a PhD candidate, successfully sued X over shadowbanning. His complaints focused on the lack of notification regarding restrictions on his account, the absence of reasoning for the action, and a missing appeals process. The court ruled in his favor, highlighting the need for greater transparency in enforcing such decisions.
EU Investigations and Regulatory Pressure
The European Commission has multiple ongoing investigations into X’s DSA compliance, particularly regarding illegal content handling and complaint processes. This increased regulatory scrutiny is believed to have prompted X’s recent policy changes. The Commission has already raised concerns with X but is expected to present further grievances as it continues its investigations.
Challenges Moving Forward
Mekić, commenting on X’s updates, welcomed the steps toward compliance but urged the platform to further adhere to Article 17 of the DSA, which requires platforms to proactively inform users about account restrictions like shadowbanning. He called for stricter enforcement by EU regulators to ensure compliance with these rules.
At the time of reporting, X had not responded to requests for comment on the latest policy changes. The European Commission has also been contacted for updates on its ongoing DSA investigations of the platform.