An upcoming update to the privacy policy of X (formerly Twitter), owned by Elon Musk, will clarify for users in the European Union their right to challenge decisions under the EU’s Digital Services Act (DSA). This includes actions like account suspensions, content removal, and shadowbanning.
The DSA is a strict regulation that governs many services across the EU, with penalties for non-compliance reaching up to 6% of global annual revenue, posing significant risk to companies.
X announced that changes related to the DSA will be implemented on November 15, 2024, alongside updates to its Terms of Service and privacy policy. In a summary, X stated: “If you are a recipient of the X service in the European Union, we’ve updated our ‘Summary of Terms’ to help you understand you may challenge certain decisions we make under the Digital Services Act… via our internal process or out-of-court dispute settlement as described here.” The company’s note provides a link for further details on users' rights to appeal decisions, specifying that users can choose any certified out-of-court dispute settlement body within the EU for resolving disputes.
The DSA mandates that companies cooperate with certified bodies to resolve disputes in good faith, though these decisions are not binding. X also offers a web form in its Help Center for EU users to submit appeals regarding illegal content decisions.
X has faced legal challenges over shadowbanning, such as a case won by a Netherlands-based PhD candidate, Danny Mekić, in July. He argued that X did not notify him about his account being restricted, did not provide reasons for the limitations, and did not offer a clear way to appeal the decision. While Mekić won his case, broader enforcement of the DSA on X has yet to fully unfold. The European Commission has several ongoing investigations into X, focusing on issues like handling illegal content and complaints.
Mekić expressed satisfaction with X’s steps toward DSA compliance but emphasized that the company still has an obligation to proactively inform users of visibility restrictions, in accordance with Article 17 of the DSA.
X has yet to comment on the policy changes or respond to the European Commission’s ongoing investigations into its DSA practices.