Elon Musk’s social media platform X, formerly known as Twitter, has taken the state of California to court over a new law that tightens internet rules for tech corporations.
The legislation, known as Assembly Bill 587, requires internet companies to publicly post their policies on hate speech, disinformation, harassment and extremism. The state law, which was passed last year, aims to increase transparency around online content moderation. With the passage of AB 587, California became the first US state to obligate tech corporations to disclose their social media policies openly. The regulations also accompany a fine of up to $15,000 in case violations.
X has not taken well to the legislation, however. It argues that the law violates free speech rights on the platform under the US Constitution’s First Amendment and California’s state constitution. In the lawsuit filed against California, X has raised objections to the basis of the legislation, saying it would force social media companies to moderate speech that is protected by the constitution if the state finds it “undesirable or harmful”.
“The legislative record is crystal clear that one of the main purposes of AB 587 — if not the main purpose — is to pressure social media companies to eliminate or minimize content that the government has deemed objectionable,” says X in the complaint.
The development arrives as X continues grappling with an array of regulatory and existential challenges. Earlier this year, X’s approach to combat disinformation came under scrutiny after the company submitted an incomplete report to the European Union (EU) regarding its compliance with the Code of Practice on Disinformation. The EU expressed disappointment with X, then known as Twitter, for not including crucial details on the company’s commitment to empower fact-checkers and tackle misinformation and disinformation.
In May, X completely opted out of the EU’s involuntary code of practice, which was strengthened after it was linked to the Digital Services Act (which imposes stricter regulations on social media companies regarding harmful online content in the region). The DSA addresses several key issues associated with social media platforms, including disinformation, bullying, harassment, child sexual abuse, etc. Corporations regulated under the DSA include Meta, Twitter, Amazon, TikTok, Microsoft, Alphabet, Pinterest, and Wikipedia.
X already stands embroiled in a number of legal skirmishes with former employees, business firms, and nonprofit organisations. In August, X launched a lawsuit against the Center for Countering Digital Hate (CCDH), a nonprofit that tracks and monitors hate speech across leading social media platforms. The lawsuit was filed over reports published by CCDH that critically examined the company’s approach towards online hate and misinformation. The reports pointed out the rise in extremist content on X following billionaire Musk’s $44 billion acquisition.
X, however, accused CCDH of running a “scare campaign” against the platform, saying that the nonprofit was “actively working to assert false and misleading claims encouraging advertisers to pause investment on the platform”. X also claimed such reports were preventing public dialogue on the platform.
X recently drew the ire of regulators and digital safety activists after it announced suspending the blocking feature, which is widely used to prevent harassment, bullying, and stalking. The platform has also reinstated political advertisements ahead of the US presidential election. X banned political ads in 2019 amid mounting pressure from digital rights and tech safety advocates, with then CEO Jack Dorsey saying that “paying to increase the reach of political speech has significant ramifications that today’s democratic infrastructure may not be prepared to handle”.
