Elon Musk’s X faces Irish investigation that could lead to multimillion-euro fines

Coimisiún na Meán said it had opened an investigation into the site, formerly known as Twitter, under the EU’s Digital Services Act (DSA).

Ireland’s media regulator has launched its first formal investigation into a major social media platform, examining whether Elon Musk-owned X is breaching EU law — a move that could lead to fines reaching hundreds of millions of euro.

In a statement on Wednesday evening, Coimisiún na Meán said it had opened an investigation into the site, formerly known as Twitter, under the EU’s Digital Services Act (DSA).

The regulator is specifically investigating potential breaches of Article 20 of the law, which requires platforms to provide users with fair and accessible complaint-handling systems. 

It will examine whether users can appeal X’s decisions not to remove content they have reported, and whether the company properly informs them of the outcomes of those reports.

The probe will also assess whether X’s complaint-handling systems are easy to access and user-friendly.

The investigation follows criticism of X for allowing scam ads and hate-inciting content to remain online. Earlier this year, the Taoiseach criticised a “whole series of fake ads” about him appearing on the platform.

“Today, we are taking an important step in ensuring a safer online experience for users across the European Union,” Digital Services Commissioner John Evans said.

“We expect online platforms to meet their obligations under the DSA, and to operate with transparency in informing users of their rights to report and to appeal decisions.

“If we suspect that any platform is failing in these obligations, we will not hesitate to intervene and where appropriate take enforcement action to protect the safety of users in Ireland, and across the European Union.”

Coimisiún na Meán said the investigation stems from concerns raised by its Platform Supervision Team about X’s compliance with the DSA. Information provided by NGO HateAid and a user complaint also contributed to launching the probe.

At the European level, the European Commission has also scrutinised X’s compliance with the DSA

Article 20 of the Digital Services Act states that users must have access to an effective internal complaint-handling system to challenge platform decisions — including whether to remove or disable content or to suspend or terminate accounts.

In the past, Coimisiún na Meán has urged users to continue reporting inappropriate or illegal content on platforms such as X, even if they experience “reporting fatigue,” believing that such reports will have no effect.

Following the Dublin riots in November 2023, then-minister for justice Helen McEntee said X had not engaged with gardaí over “vile posts” on the platform and “did not fulfil their own community standards.” X disputed those claims.

At the European level, the European Commission has also scrutinised X’s compliance with the DSA, while Mr Musk has publicly aligned himself with far-right and anti-immigrant movements in countries such as Germany and the UK.

Mr Evans said the right to appeal a platform’s decision is an “essential right” and a cornerstone of the DSA, ensuring that users are both informed of and able to challenge moderation decisions.

“If people see illegal content online, or content that breaks a platform’s own rules, our message is clear: report it to the platform where you see it,” he said.

“If you can’t find an easy way to do this, or if you’re not happy with a platform’s response, our Contact Centre can provide advice and support, and escalate issues to our Complaints Team when necessary.” 

If Coimisiún na Meán finds that X has breached the Digital Services Act, it can impose a fine of up to 6% of global turnover. While X does not disclose financial data as a private company, Twitter reported ad revenue of $4.51bn when it was publicly traded in 2021.

Any fine must be confirmed by either the Circuit Court or the High Court.

The regulator said that during the investigation, it could reach a binding commitment with X under which the platform would agree to take steps to address compliance issues.

X has taken two judicial reviews against Coimisiún na Meán in Irish courts in recent times, including one over its Online Safety Code aimed at keeping children safe online. It lost this High Court challenge last July.

It is understood further investigations from the regulator may soon follow the announcement of this first probe into X.

X has been contacted for comment.