Christian legal advocacy group ADF International is supporting attempts by Elon Musk’s X platform to challenge a 120 million euro fine imposed under the EU’s Digital Services Act (DSA).
The fine was handed down on 5 December last year for alleged breaches of transparency and procedural obligations under the DSA. X denies any such breaches occurred.
X is also being investigated for allegedly failing to prevent “false information and illegal content”, possibly meaning more fines in the future.
ADF said that the definition of “illegal content” is incredibly wide due to the digital laws of each EU country. In Germany, for instance, it is illegal to insult politicians online, and carries a penalty of up to three years in prison.
In its appeal X is arguing that it was denied due process and that it is the victim of prosecutorial bias. The appeal is the first ever legal challenge to a DSA fine.
The DSA has faced significant criticism, particularly from the US, due to concerns that it will effectively enforce European speech restrictions on American companies and, by extension, American citizens.
Dr Adina Portaru, senior counsel for ADF International in Europe, said, “X is being targeted by the European Commission because it is a free speech platform. Social media platforms are today’s public square, and the DSA threatens speech in that public square.
“X is where millions of people go to freely express their views. This is a crackdown on X by authorities who view a free speech platform as a serious threat to their total control of online narratives. By targeting X, they are targeting the free speech of individuals across the world who simply want to share ideas online free from censorship.”
She added, “If the Commission’s concentration of power goes unchallenged, it will further cement a highly problematic standard for speech control across the EU and beyond.”
In an online statement, X said: “This EU Decision resulted from an incomplete and superficial investigation, grave procedural errors, a tortured interpretation of the obligations under the DSA, and systematic breaches of rights of defence and basic due process requirements suggesting prosecutorial bias.
“This landmark case is the first judicial challenge to a DSA fine and could set important precedents for enforcement, penalty calculations, and fundamental rights protections under the 2022 regulation. X remains committed to user safety and transparency while defending our users’ access to the only global town square.”
