Penfrat is apprehensive about political overreach—he agrees that disinformation on X is an issue. There is not any authorized obligation for platforms to reply in 24 hours, he says, referring to Breton’s letter. “Don’t just throw out empty threats on a social media site. This is not how enforcement works,” Penfrat says. “He’s playing [by] Elon Musk’s rules here, rather than using the ones that he’s been given by the law.”

Breton’s letter additionally refers to “crisis measures.” There are extra “crisis” rules contained within the Digital Services Act, designed for use in occasions of battle. “However, none of the requirements in order for this mechanism to be enacted have been initiated or met, further indicating overreach by the commission,” says Asha Allen, advocacy director for Europe, on the Centre for Democracy and Technology (CDT), a suppose tank.

Allen says she can also be involved that Breton’s letter seems to conflate unlawful content material and disinformation. Creating a false equivalency between the 2 is worrying for freedom of expression, she says. “It is for these types of reasons that the DSA treats those content types differently; on the one hand, it contains mandatory obligations to tackle illegal content, and on the other hand increases due diligence to address harmful but lawful content.”

The CDT is in search of clarification on Breton’s letter, says Allen. “We would characterize the letter as a misstep.”

What occurs subsequent is unclear. Under the brand new guidelines, the EU Commission can tremendous social media platforms as much as 6 p.c of their world turnover or, in excessive instances, block a web site fully from the EU. That would take months of investigation, nevertheless.

“There won’t be immediate consequences if X doesn’t address some of the allegations in the letter,” says Mathias Vermeulen, the general public coverage director at AWO, an information rights consultancy.

“But Breton seems to hint at the fact that X’s response will be taken into account by the commission when it is assessing the risk mitigation measures.”