Sanction of Platform X: Arcom welcomes the European Commission's determined action to enforce the Digital Services Regulation
Arcom has learned of the European Commission's decision to impose legal sanctions of 120 million euros on platform X for several breaches of its obligations under the Digital Services Regulation (DSR).
The breaches concern the misleading design of the blue ticks (article 25 of the RSN), the lack of transparency of its advertising directory (article 39 of the RSN) and the limited, if not impossible, access to its public data for researchers (article 40-2 of the RSN).
Platform X now has 60 working days to inform the European Commission of the specific measures it intends to take to put an end to the infringement of the misleading use of blue ticks, and 90 working days to submit an action plan setting out the measures needed to remedy the infringements of the advertising directory and access to public data for researchers.
Arcom also welcomes the restrictive commitments made by TikTok to the European Commission in terms of advertising transparency. In particular, TikTok undertakes to provide the full content of advertising as it appears in users' feeds, and to deliver the targeting criteria selected by advertisers. The platform is also committed to introducing additional search options and filters for easier access to the ads available on its service. These new functionalities should make it possible to fight more effectively against foreign informational interference during election periods.
The European Digital Services Committee (DSA board) will have one month from receipt of X's action plan to give its opinion on it, and will participate in monitoring the proper implementation of TikTok's commitments.
Martin Ajdari, President of Arcom and member of the DSA board : "With this first legal sanction, the European Commission is sending a clear signal to X, as to all platforms likely to infringe the Digital Services Regulation. Compliance with this regulatory framework, designed to protect the public from online risks, is not an option but an obligation. TikTok's commitment to advertising transparency illustrates that the RSN's objective is, first and foremost, to ensure that platforms comply with legal requirements, and not to impose penalty notices on them; these only come into play if the platform persistently refuses to abide by the law. This is an essential condition for guaranteeing all European citizens a safer internet and preserving our public freedoms online".
X's breaches of the Digital Services Regulation, translated from the European Commission's press release, can be found below.
The misleading design of "blue ticks
X's use of "blue ticks" for "verified accounts" misleads users and breaches the obligation imposed by the DSR on online platforms to prohibit deceptive practices in the design of their services. On X, anyone can pay for "verified" status without the company meaningfully verifying who is behind the account, making it difficult for users to judge the authenticity of the accounts and content they interact with. This deception exposes users to scams, including identity theft fraud, as well as other forms of manipulation by malicious actors. While the RSN does not require user verification, it clearly prohibits online platforms from falsely claiming that users have been verified.
Lack of transparency in its advertising directory
X's advertising directory does not meet the RSN's requirements for transparency and accessibility. Accessible and browseable ad directories are essential to enable researchers and civil society to detect scams, hybrid threat campaigns, coordinated information operations and false advertising. X incorporates design features and access barriers, such as excessive processing times, that compromise the purpose of ad directories. X's ad directory also lacks essential information, such as the content and subject of the ad, as well as the legal entity funding it. This prevents researchers and the public from independently examining the potential risks associated with online advertising.
Limited or impossible access to public data for researchers
X does not comply with its obligation to provide researchers with access to its platform's public data. For example, X's terms of use prohibit eligible researchers from independently accessing its public data, including through scraping (an automated technique for extracting data from one or more websites). In addition, X's processes for researcher access to public data impose unnecessary barriers, hindering research into potential systemic risks present on its service.
Press release
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