The European Commission has lost access to its control panel for buying and
tracking ads on Elon Musk’s X — after fining the social media platform €120
million for violating EU transparency rules.
“Your ad account has been terminated,” X’s head of product, Nikita Bier, wrote
on the platform early Sunday.
Bier accused the EU executive of trying to amplify its own social media post
about the fine on X by trying “to take advantage of an exploit in our Ad
Composer — to post a link that deceives users into thinking it’s a video and to
artificially increase its reach.”
The Commission fined X on Thursday for breaching the EU’s rules under the
Digital Services Act (DSA), which aims to limit the spread of illegal content.
The breaches included a lack of transparency around X’s advertising library and
the company’s decision to change its trademark blue checkmark from a means of
verification to a “deceptive” paid feature.
“The irony of your announcement,” Bier said. “X believes everyone should have an
equal voice on our platform. However, it seems you believe that the rules should
not apply to your account.”
Trump administration has criticized the DSA and the Digital Markets Act, which
prevent large online platforms, such as Google, Amazon and Meta, from
overextending their online empires.
The White House has accused the rules of discriminating against U.S. companies,
and the fine will likely amplify transatlantic trade tensions. U.S. Secretary of
Commerce Howard Lutnick has already threatened to keep 50 percent tariffs on
European exports of steel and aluminum unless the EU loosens its digital rules.
U.S. Vice President JD Vance blasted Brussels’ action, describing the fine as a
response for “not engaging in censorship” — a notion the Commission has
dismissed.
“The DSA is having not to do with censorship,” said the EU’s tech czar, Henna
Virkkunen, told reporters on Thursday. “This decision is about the transparency
of X.”
Tag - Illegal content
BRUSSELS — European politicians expressed cautious praise as Brussels slapped a
€120 million fine on Elon Musk’s X on Friday, despite American fury
over the decision.
The reaction from national diplomats and lawmakers illustrated broad support as
the EU finally crossed a Rubicon and issued its first fine under the EU’s rule
book to rein in social media platforms, more than two years after it started its
enforcement effort.
The divide between the reaction from European capitals and U.S. Vice President
JD Vance — who slammed the move before it was announced — sets up a clash that
is set to persist as Brussels turns its attention
to more enforcement decisions under the Digital Services Act (DSA), and will
likely spill into ongoing transatlantic trade talks.
Friday’s decision “sends an important signal that the Commission is determined
to enforce the DSA,” said Karsten Wildberger, Germany’s digital minister, during
a meeting of EU ministers in Brussels. Polish Digital Minister
Dariusz Standerski applauded it as a sign of “strong leadership.”
After French President Emmanuel Macron last week expressed outspoken criticism
of the EU for slow-walking the conclusions, his digital minister, Anne
Le Hénanff, said Friday: “France fully supports this decision … which sends a
clear message to all platforms.” She later described it as a “magnificent
announcement.”
Washington meanwhile was quick out of the gate to slam the move from Brussels,
with Vance chiming in half a day before the fine was announced to describe it as
a penalty “for not engaging in censorship.” He repeated the U.S. mantra of the
past year that the EU’s DSA amounts to censorship and restricted speech.
“Once again, Europe is fining a successful U.S. tech company for being a
successful U.S. tech company,” said Brendan Carr, the chair of the U.S. Federal
Communications Commission, in reaction to the decision. “Europe is taxing
Americans to subsidize a continent held back by Europe’s own suffocating
regulations.”
“The only substantial meaningful fines that have been imposed so far have been
against American companies,” Andrew Puzder, the U.S. ambassador to the EU, told
Bloomberg Television. “So at some point, if you’re an American company, you’ve
gotta sit back and say, look, am I being targeted here?”
Asked for a response, the White House directed POLITICO to Vance’s earlier post.
Much of the praise in Europe focused on the assessment that the EU didn’t bow
to U.S. pressure, neither on the actual fine nor the enforcement steps — even if
the move was seen as long overdue. “The Commission held the line,” said
Felix Kartte, currently a special adviser to the European Commission.
“It’s important that the EU does not cave to pressure,” said Marietje
Schaake, a former MEP and former Commission adviser.
“I am very pleased to see that the Commission is taking serious steps against
the intolerable practices we encounter from some of the major tech
platforms. Let’s have more of that!” said Danish digital minister Caroline Stage
Olsen.
Several European Parliament lawmakers joined the praise but warned this is only
the beginning, noting this is the first of several outstanding probes under the
DSA, including others against X. Friday’s decision only concerned
X’s transparency obligations; X still faces open probes over the spread of
illegal content and information manipulation.
In total, 10 investigations into large platforms including Amazon,
YouTube, Facebook and Instagram are still up in the air.
“This is an important start, but not a breakthrough,” said German Greens
lawmaker Alexandra Geese. “As long as the Commission fails to rule on the
algorithms, the central level of manipulation remains untouched.”
French liberal lawmaker Sandro Gozi urged that “this long overdue decision must
mark a step change,” while Danish Social Democrat Christel Schaldemose said she
wanted “far greater transparency” on how the Commission enforces the DSA.
Speaking to reporters Friday, Commission digital chief Henna Virkkunen stressed
repeatedly that this is only part of the investigation into X. Acknowledging the
criticisms that the EU has been slow to reach this point, she promised that the
next decisions would come quicker.
Other observers criticized the size of the X penalty. A fine of €120 million is
seen as relatively modest compared to the €2.95 billion fine that Google got for
antitrust issues under the bloc’s sister digital law, the Digital Markets Act.
“120m is no deterrent to X,” said Cori Crider, executive director at the Future
of Technology Institute. “Musk will moan in public — in private, he will be
doing cartwheels.”
“Yes, the fine may seem small,” acknowledged Kartte.
The DSA law says fines will take into account “the nature, gravity, duration and
recurrence of the infringement” and cannot exceed 6 percent of a company’s
annual global turnover.
Commission officials refused to give a clear answer on how they came to the €120
million figure when pressed. A senior official repeatedly said the fine is
“proportionate” to the infringement. But how it was calculated can’t be “drilled
down to a simple economic formula,” they said.
The official said the Commission has found three entities behind X; X Holdings
Companies, xAI and Elon Musk “at the top.”
The fine is “for a breach committed by X” but “addressed to the entire corporate
structure,” Commission spokesperson Thomas Regnier told reporters.
Based on estimates of company values, that means the upper threshold
could have reached as high as €5.9 billion.
BRUSSELS — You can even put an exact date on the day when Brussels finally gave
up on its decade-long dream of seeking to be the predominant global tech
regulator that would rein in American tech titans like Google and Apple.
It came last Wednesday — Nov. 19 — when the European Commission made an outright
retreat on its data and privacy rules and hit pause on its AI regulation, all
part of an attempt to make European industries more competitive in the global
showdown with the United States and China.
It sounded the death knell for what has long been described as the “Brussels
Effect” — the idea that the EU would be a trailblazer on tech legislation and
set the world’s standards for privacy and AI.
Critics say Washington is now setting the deregulatory trajectory, while U.S.
President Donald Trump is battering down Europe’s ambitions by threatening to
roll out tariffs against countries that he accuses of attacking “our incredible
American Tech Companies.”
“I don’t hear anybody in Brussels saying ‘We’re a super regulator’ anymore,”
said Marietje Schaake, who shaped Europe’s tech rulebooks as a former European
Parliament member and special adviser to the European Commission.
The big pivot away from rule-setting came in a “digital omnibus” proposal on
Wednesday — a core part of Commission President Ursula von der Leyen’s
“simplification” program to cut red tape to make Europe more competitive.
The digital omnibus was one of the “main discussion points” at a meeting between
the EU’s tech chief Henna Virkkunen and U.S. Commerce Secretary Howard Lutnick
and Trade Representative Jamieson Greer. | Nicolas Tucat/AFP via Getty Images
“Whether you call it ‘simplification’ or ‘deregulation,’ you are certainly
moving away from the high watermark era of regulation,” said Anu Bradford, a
professor at Columbia University who coined the term “Brussels Effect” in 2012.
The deregulation drive followed a year in which the Trump administration
pressured the EU to roll back enforcement of its tech rulebooks, which Big Tech
giants and Trump himself deem “taxes” targeted at U.S. companies.
The digital omnibus was one of the “main discussion points” at a meeting between
the EU’s tech chief Henna Virkkunen, U.S. Commerce Secretary Howard Lutnick and
Trade Representative Jamieson Greer on Monday.
“We adopted a major package that would have an impact not only on EU companies,
but also on U.S. companies, so this is the appropriate moment … to explain what
we’re doing on our side,” European Commission spokesperson Thomas Regnier told
reporters on Monday when asked why Virkkunen had discussed the topic with her
U.S. counterparts.
Lutnick, however, told Bloomberg that Washington was seeking more than just an
explanation of EU laws — it wanted changes to its tech rulebooks as well.
U.S. giants like Google and Meta have led a full-frontal lobbying push to
replace heavy-handed EU enforcement with lighter-touch rules.
Behind the push to break the shackles for tech firms is a fear of missing out on
the promised economic boom linked to AI technologies. The bloc has traded its
role as global tech cop for a ticket to the AI race.
GLOBAL FIRST
Brussels showed its ambition to lead the world in regulating the online space
throughout the 2010s.
In 2016 it adopted the General Data Protection Regulation. Since then, the law
has been copied in new legislation across more than 100 countries, said Joe
Jones, director of research and insights at the International Association of
Privacy Professionals.
When the GDPR came into force, international companies like Microsoft, Google
and Facebook acknowledged it spurred them to apply EU privacy standards
globally.
It served as a quintessential case of the Brussels Effect: When setting the bar
in Brussels, multinational firms would roll out standards across their
businesses far beyond the EU’s borders. Other governments, too, copied some of
Brussels’ early attempts at setting the rules.
After the GDPR, the EU adopted other laws that had the ambition of reining in
Big Tech, either by pressing platforms to police for illegal content through its
Digital Services Act or by blocking them from using their dominance to favor own
services through the Digital Markets Act.
Right after the EU adopted its risk-focused AI rulebook, Trump took office and
scrapped AI safety rules embraced by his predecessor Joe Biden. | Chip
Somodevilla/Getty Images
The EU’s latest blockbuster tech rulebook, the Artificial Intelligence Act, was
Brussels’ latest attempt at pioneering legislation, as it sought to address the
risks posed by the fledgling technology.
“There was more confidence in the EU’s regulation, partially because the EU
seemed confident. Right now, when the EU seems to be retreating, any government
around is also asking the same question,” Bradford said.
Right after the EU adopted its risk-focused AI rulebook, Trump took office and
scrapped AI safety rules embraced by his predecessor Joe Biden.
The changing of the guard in Washington came right as Brussels was waking up to
the need to be competitive in a global technology race. Former Italian Prime
Minister Mario Draghi presented the EU’s competitiveness report in 2024, just
weeks before Trump won a second term.
“I think the Brussels effect is still alive and well. It just has a bit of the
Draghi effect, in that it has a bit of this geopolitical innovation, pro-growth
effect in it,” said IAPP’s Jones.
According to German politician Jan Philipp Albrecht, a former European
Parliament member who was a chief architect of the GDPR, Europe has become blind
to the benefits of its regulatory regime that set the gold standard.
“Europeans have no self-secureness anymore … They don’t see the strength in
their own market and in their own regulatory and innovative power,” Albrecht
said.
WASHINGTON EFFECT
Other critics of deregulation are taking a step further, claiming that
Washington has hijacked the Brussels Effect — but just on its own terms.
“In an odd way, maybe the Trump administration has taken inspiration from the
Brussels Effect, in the sense [that] they see what it means for this one
regulating entity to be the one that sets global standards,” said Brian J. Chen,
policy director at nonprofit research group Data & Society.
It’s just, “they want to be the ones setting those standards,” Chen said.
The Trump administration pressured Brussels to tone down its tech regulation
during heated trade talks this summer, POLITICO previously reported.
That the EU followed through with scaling back its tech laws just as the U.S. is
pressing the EU is bad optics, said Schaake, the former lawmaker. “The timing of
the whole simplification [package] is very bad,” she said.
She argued that it’s essential to deal with the unnecessary burden on companies,
but issuing the digital omnibus after the U.S. pressure “looks like a response
to that criticism.”
Commission spokesperson Thomas Regnier dismissed the idea that the EU was acting
on U.S. pressure. “On the digital omnibus, absolutely no third country had an
influence on our sovereign simplification agenda. Because this omnibus is about
Europe: less administrative burden, less overlaps, less costs,” Regnier said in
a comment on Friday.
“We have always been clear: Europe has its sovereign right to legislate,”
Regnier added. “Nothing in the omnibus is watering down our digital legislation
and we will keep enforcing it, firmly but always fairly.”
This article has been updated to include new developments.
LONDON — The provider of online message board 4chan has been fined £20,000 by
the U.K.’s communications regulator Ofcom for failing to respond to requests for
information about its compliance with the Online Safety Act.
Preston Bryne, a lawyer representing 4Chan, said in August that Ofcom had
provisionally decided to fine 4Chan for £20,000. Ofcom’s statement today
confirms that is the case.
Ofcom will also impose a daily penalty of £100, starting from Tuesday, for
either 60 days or until 4chan provides it with the relevant information,
whichever is sooner.
Suzanne Cater, Director of Enforcement at Ofcom, said: “Today sends a clear
message that any service which flagrantly fails to engage with Ofcom and their
duties under the Online Safety Act can expect to face robust enforcement action.
“We’re also seeing some services take steps to introduce improved safety
measures as a direct result of our enforcement action. Services who choose to
restrict access rather than protect U.K. users remain on our watchlist as we
continue to monitor their availability to U.K. users.”
Technology Secretary Liz Kendall praised Ofcom’s decision, saying in a
statement: “The Online Safety Act is not just law, it’s a lifeline. Today we’ve
seen it in action, holding platforms to account so we can protect people across
the U.K.”
“This fine serves a clear warning to those who fail to remove illegal content or
protect children from harmful material. We fully back the regulator in taking
action against all platforms that do not protect users from the darkest corners
of the internet,” she added.
Ireland’s media regulator is turning up the heat on Elon Musk’s social media
site X for not properly checking the age of users who can access porn.
The country’s new Online Safety Code includes provisions on age assurance to
keep minors away from harmful content, including pornographic and violent
content. The code applies to video-sharing platforms X, Facebook and TikTok.
These age-check provisions came into effect on July 21.
“Based on an initial review of the X platform, we cannot see evidence of
measures taken to comply with this age assurance requirement,” a spokesperson
for Ireland’s media regulator Coimisiún na Meán told POLITICO in a statement.
The regulator has “further concerns” of non-compliance, “including but not
limited to” the “availability of parental controls.”
The regulator asked X to provide information by July 25 and “will take further
action where there is evidence of non-compliance with the Code,” the
spokesperson said.
The Coimisiún na Meán in June put pressure on X to comply with the code, sending
the platform a statutory information request to describe its compliance
measures. X has a deadline to respond by Aug. 8, which was extended from July
22. The platform risks being charged with a crime and fined up to €500,000
should it fail to respond by the deadline.
Musk’s platform is also challenging the code before Ireland’s High Court,
including certain provisions contained within it and its application to X. A
decision on that challenge is expected on Friday, July 25.
Ireland’s new media law is a national implementation of the European Audiovisual
Media Services Directive (AVMSD). Companies with their EU headquarters in
Ireland have to follow Irish rules.
X did not reply to a request for comment in time for publication.
An X spokesperson said earlier that the company is “fully committed to complying
with all applicable laws and regulations,” including Ireland’s code, and is
“prioritizing its implementation.”
The French government is considering classifying X, Bluesky and Reddit as porn
platforms, which would mean they have to follow stricter age verification
requirements.
Preliminary findings from a probe into World Economic Forum founder Klaus Schwab
reveal that he allegedly manipulated the landmark Global Competitiveness Report
to serve political interests and sent lewd emails to younger employees, Swiss
newspaper SonntagsZeitung reported on Sunday.
The probe also showed that his wife allegedly billed trips to the WEF despite
holding no official position with the organization, according to the report.
These findings appear to corroborate allegations contained in a whistleblower
letter, which accused Schwab of financial misconduct — including misuse of WEF
funds and inappropriate treatment of employees.
The accusations reportedly prompted Schwab to step down from his role as
chairman at the WEF — a non-profit best known for its annual gathering of global
elites in Davos, Switzerland — after more than half a century at its helm.
In April, the WEF confirmed the existence of the whistleblower letter — first
reported by the Wall Street Journal — and said it had launched an internal
investigation, while stressing that the misconduct allegations “remain
unproven.”
Schwab has denied the accusations and filed a criminal complaint against the
whistleblowers. The WEF did not immediately respond to POLITICO’s request for
comment.
SonntagsZeitung reported that the probe’s preliminary findings indicate that
Schwab’s alleged wrongdoing could include meddling with the Global
Competitiveness Report — a now-defunct yearly publication that assessed and
ranked countries based on economic competitiveness. The competitiveness report
was discontinued during the Covid-19 pandemic.
Official documents cited by SonntagsZeitung allege that Schwab intervened
multiple times to alter or suppress unfavorable rankings for certain countries,
particularly in the Middle East and North Africa region and in India, allegedly
to preserve diplomatic relations or avoid political fallout. In one instance,
Schwab reportedly recommended shelving a negative report after discussing it
with a government official, according to the newspaper.
The investigation also reportedly concerns up to 900,000 Swiss francs in
expenses filed by Schwab and his wife, Hilde.
BRUSSELS — The European Commission has requested a meeting with X to discuss its
artificial intelligence chatbot, Grok.
Last week, European countries and lawmakers called on the Commission to amp up
scrutiny on the social media platform, after the AI chatbot spewed out
antisemitic remarks. Those included glorifying Nazi leader Adolf Hitler as the
best-placed person to deal with alleged “anti-white hate.”
Poland’s Minister of Digital Affairs, Krzysztof Gawkowski, said the government
would consider banning the app, later asking the Commission to take action in a
letter.
X said it removed the posts and that the problem was not related to the
chatbot’s underlying large language model.
Still, the Commission has called in the company for a “technical meeting” on
Grok, spokesperson Thomas Regnier said.
X is designated as a very large online platform under the EU’s Digital Services
Act, meaning it has to follow strict transparency requirements.
The Commission has not responded to POLITICO’s inquiry as to whether the
platform submitted a risk assessment for the integration of Grok into X. Meta
submitted such a document for the integration of AI features on its platform,
Regnier previously told POLITICO.
X is also under investigation for breaches of the DSA on several fronts,
including the dissemination of illegal content.
BRUSSELS — The Polish government is urging the EU to immediately open an
investigation into Elon Musk’s Grok, according to a letter dated July 9 and seen
by POLITICO.
Grok’s “offensive remarks” and “erratic and full of expletive-laden rants” on
social media X could be a “major infringement” of the bloc’s content moderation
rulebook, the Digital Services Act, Poland’s Deputy Prime Minister Krzysztof
Gawkowski wrote in the letter addressed to EU tech chief Henna Virkkunen.
The artificial intelligence chatbot came under fire this week for generating
offensive responses that included glorifying Nazi leader Adolf Hitler as the
best-placed person to deal with alleged “anti-white hate,” and “hoping” that
wildfires in the south of France will clean up low-income neighbourhoods in
Marseille from drug trafficking.
In a series of posts made after X updated its AI model, Grok also referred to
Polish Prime Minister Donald Tusk in highly offensive language, as well as
calling him “a traitor.”
“There is reason enough to think, that negative effects for the exercise of
fundamental rights, were not made by accident, but by design,” Gawkowski wrote,
citing obligations for the biggest platforms such as X to address so-called
systemic risks on their sites under the DSA.
X is already under investigation by EU regulators for violating the social media
law due to a potential lack of safeguards against illegal content, and was found
to be in preliminary breach of other parts of the law including advertising
transparency and data access for researchers.
The owner of X and Grok maker xAI said on Wednesday it had removed
“inappropriate posts” and stated it had taken action to “ban hate speech before
Grok posts on X,” without clarifying what this entails.
BRUSSELS — A series of Hitler-praising comments by Elon Musk’s artificial
intelligence chatbot Grok has fired up European policymakers to demand stronger
action against Big Tech companies as the bloc takes another step to enforce its
laws.
Musk’s chatbot this week sparked criticism for making antisemitic posts that
included glorifying Nazi leader Adolf Hitler as the best-placed person to deal
with alleged “anti-white hate,” after X updated its AI model over the weekend.
The latest foul-mouthed responses from the chatbot saw EU policymakers seize the
opportunity to demand robust rules for the most complex and advanced AI models —
such as the one that underpins Grok — in new industry guidance expected
Thursday.
It’s also put a spotlight on the EU’s handling of X, which is under
investigation for violating the bloc’s social media laws.
The Grok incident “highlights the very real risks the [EU’s] AI Act was designed
to address,” said Italian Social-Democrat European Parliament lawmaker Brando
Benifei, who led work on the EU’s AI rulebook that entered into law last year.
“This case only reinforces the need for EU regulation of AI chat models,” said
Danish Social-Democrat lawmaker Christel Schaldemose, who led work on the EU’s
Digital Services Act, designed to tackle dangerous online content such as hate
speech.
Grok owner xAI quickly removed the “inappropriate posts” and stated Wednesday it
had taken action to “ban hate speech before Grok posts on X,” without clarifying
what this entails.
The EU guidance is a voluntary compliance tool for companies that develop
general-purpose AI models, such as OpenAI’s GPT, Google’s Gemini or X’s Grok.
The European Commission last week gave a closed-door presentation seen by
POLITICO that suggested it would remove demands from earlier drafts, including
one requiring companies to share information on how they address systemic risks
stemming from their models.
Lawmakers and civil society groups say they fear the guidance will be weak to
ensure that frontrunning AI companies sign up to the voluntary rules.
AMMUNITION
After ChatGPT landed in November 2022, lawmakers and EU countries added a part
to the EU’s newly agreed AI law aimed at reining in general-purpose AI models,
which can perform several tasks upon request. OpenAI’s GPT is an example, as is
xAI’s Grok.
That part of the law will take effect in three weeks’ time, on August 2. It
outlines a series of obligations for companies such as xAI, including how to
disclose the data used to train their models, how they comply with copyright law
and how they address various “systemic” risks.
The Grok incident “highlights the very real risks the [EU’s] AI Act was designed
to address,” said Italian Social-Democrat European Parliament lawmaker Brando
Benifei, who led work on the EU’s AI rulebook that entered into law last year. |
Wael Hamzeh/EPA
But much depends on the voluntary compliance guidance that the Commission has
been developing for the past nine months.
On Wednesday, a group of five top lawmakers shared their “great concern” over
“the last-minute removal of key areas of the code of practice, such as public
transparency and the weakening of risk assessment and mitigation provisions.”
Those lawmakers see the Grok comments as further proof of the importance of
strong guidance, which has been heavily lobbied against by industry and the U.S.
administration.
“The Commission has to stand strongly against these practices under the AI Act,”
said Dutch Greens European Parliament lawmaker Kim van Sparrentak. But “they
seem to be letting Trump and his tech bro oligarchy lobby the AI rules to shreds
through the code of practice.”
One area of contention in the industry guidance relates directly to the Grok
fiasco.
In the latest drafts, the risk stemming from illegal content has been downgraded
to one that AI companies could potentially consider addressing, rather than one
they must.
That’s prompted fierce pushback. The industry code should offer “clear guidance
to ensure models are deployed responsibly and do not undermine democratic values
or fundamental values,” said Benifei.
The Commission’s tech chief Henna Virkkunen described work on the code of
practice as “well on track” in an interview with POLITICO last week.
RISKS
The Commission also pointed to its ongoing enforcement work under the Digital
Services Act, its landmark platform regulation, when asked about Grok’s
antisemitic outburst.
While there are no EU rules on what illegal content is, many countries
criminalize hate speech and particularly antisemitic comments.
Large-language models integrated into very large online platforms, which include
X, “may have to be considered in the risk assessments” that platforms must
complete and “fall within the DSA’s audit requirements,” Commission spokesperson
Thomas Regnier told POLITICO.
The problem is that the EU is yet to conclude any action against X through its
wide-reaching law.
The Commission launched a multi-company inquiry into generative AI on social
media platforms in January, focused on hallucinations, voter manipulation and
deepfakes.
In X’s latest risk assessment report, where the platform outlines potential
threats to civic discourse and mitigation measures, X did not outline any risks
related to AI and hate speech.
Neither X nor the Commission responded to POLITICO’s questions on whether a new
risk assessment for Grok has been filed after it was made available to all X
users in December.
French liberal MEP Sandro Gozi said she would ask the Commission whether the AI
Act and the DSA are enough to “prevent such practices” or whether new rules are
needed.