Twitter Withdraws from EU Disinformation Code, Which Could Set it on a Collision Course with Regulators

Twitter could possibly be setting a course for a future clash with EU regulators, with the corporate opting to withdraw from the EU’s voluntary Code of Practice on online disinformation, which is an element of the Digital Services Act (DSA), just months out from the EU enforcing compliance with the brand new standards.

The Code goals to implement clearer reporting and enforcement obligations for giant online platforms, as a way to combat spammers and scammers, in addition to the spread of misinformation.

As per the EU:

“Recognizing the actual impact of very large online platforms on our economy and society, the proposal sets the next standard of transparency and accountability on how the providers of such platforms moderate and intermediate information. It sets supervised risk management obligations for online platforms that reach the biggest audiences and pose the biggest societal risks.”

All large online platforms are expected to abide by the brand new rules, with the voluntary commitment counting towards DSA compliance.

But Twitter’s now pulling out, which immediately raised the hackles of EU market commissioner Thierry Breton:

As Breton notes, while this can be a voluntary element, the signal that this sends is that Twitter’s not willing to stick to those tougher recent obligations, which could see it fall foul of EU law. That, eventually, might even see Twitter faced with fines and even suspension inside EU member states if it fails to satisfy these obligations. Whether it chooses to play along or not.

This has been a key focus for EU regulators throughout the Elon Musk era on the app. Back in November, Shortly after Musk took over at Twitter, Breton met with Musk to underline the expectations that they had for the corporate, and at the moment, Musk vowed to play by the foundations, and meet any requirements.

Then in February, in a preliminary compliance report, EU regulators noted that Twitter had failed to satisfy lots of its reporting obligations, with Twitter’s submission being ‘short of knowledge, with no information on commitments to empower the fact-checking community’.

Fact-checkers have been some extent of contention for Musk, together with his view being that the Twitter community itself should resolve what’s and is just not correct, via supplementary elements like Community Notes.

Musk has repeatedly claimed that ‘mainstream media’ is lying to the general public, and that Twitter may be the antidote to corporate-funded propaganda. But that stance could well put him in conflict with recent EU requirements, which is able to place more burden on digital platforms to police misinformation in a timely and effective manner.

Musk’s arguments around what constitutes misinformation stands out as the key point of contention here, with Twitter likely unwilling to abide by laws that might see EU regulators deciding what’s true. Besides, Twitter could face stiff penalties in consequence, with fines of as much as 6% of Twitter’s European revenue if it’s found to be in violation of the Code.

Possibly it’ll be difficult for Twitter to stick to such either way, given its massive staff cuts, which have also impacted its moderation teams.

It’ll be interesting to see what stance Twitter decides to take, if indeed it’s found to be violating EU laws in three months time, and whether that results in an even bigger showdown for Musk’s free speech stance.