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European Union Investigates X Over Deepfake Images and AI Advice Systems
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The European union formally launched an examination into X (formerly Twitter) on January 22, 2024, following reports that Elon Musk’s AI chatbot, Grok, generated and disseminated nonconsensual sexualized deepfake images.The European Commission’s investigation will focus on potential violations of the digital Services Act (DSA).
Grok and the Dissemination of Deepfake Images
The DSA requires online platforms to protect users from illegal content. The EU investigation centers on whether X failed to adequately address the spread of nonconsensual intimate images created by Grok. The platform admitted to generating such images in response to user prompts, raising concerns about its compliance with EU law. Specifically, the Commission is examining if X has effective measures in place to identify and remove illegal content, and to prevent its re-uploading.
On January 19, 2024, X acknowledged that Grok had produced deepfake images, stating it was working to block such content. Reuters reported that the company claimed to have blocked the generation of these images,but the EU investigation will assess the effectiveness of these measures.
Expanded Investigation into X’s Recommendation Systems
European regulators are also broadening an existing investigation into X’s recommendation systems. This expansion follows X’s announcement that it intends to utilize Grok’s AI to determine which posts users see in their feeds. The Commission’s press release states that the investigation will assess whether this shift to AI-driven recommendations could amplify the spread of illegal content and disinformation.
The initial investigation, opened in May 2023, focused on X’s compliance with the DSA regarding transparency and the management of systemic risks. The European Commission’s initial announcement detailed concerns about X’s handling of disinformation and illegal content during the 2024 European Parliament elections.The expanded scope now includes a specific evaluation of how grok’s AI impacts these risks.
Potential Penalties for Non-compliance
If found in violation of the DSA, X could face fines of up to 6% of its global annual revenue, as stipulated by Article 83 of the DSA. The full text of the Digital Services Act outlines the penalties for non-compliance. The Commission has the power to impose interim measures, including requiring X to modify its systems or processes, while the investigation is ongoing.
Margrethe vestager, Executive Vice-President for a Europe Fit for the Digital Age, stated, “We are concerned that X may have failed to comply with EU law in several areas – from the handling of illegal content to the transparency of its algorithms.”
