US District Judge William Shubb has rejected Elon Musk's X, formerly known as Twitter, attempt to overturn California's content moderation law.
The law, enacted by California Governor Gavin Newsom last year, mandates social media companies, including X, to submit biannual reports outlining their strategies for addressing hate speech, misinformation, and objectionable content, as per Deadline.
Court Denies X's Free Speech Claim on Content Moderation
(COMBO) This combination of pictures created on October 10, 2023, shows (L) SpaceX, Twitter and electric car maker Tesla CEO Elon Musk during his visit at the Vivatech technology startups and innovation fair at the Porte de Versailles exhibition center in Paris, on June 16, 2023 and (R) the new Twitter logo rebranded as X, pictured on a screen in Paris on July 24, 2023.. The EU's digital chief Thierry Breton warned Elon Musk on October 10, 2023, that his platform X, formerly Twitter, is spreading "illegal content and disinformation", in a letter seen by AFP.
In September, a lawsuit was filed by X, asserting that the law infringed upon its free speech rights, as protected by the First Amendment of the US Constitution and California's state constitution. In an important decision, the court has sided against X, declaring that the obligations to disclose, as mandated by the law, are deemed reasonable and fall within the confines established by the First Amendment.
Judge Shubb has made a decision to dismiss X's motion seeking a temporary suspension of the law. The judge emphasized that the reporting requirements outlined in the law are not considered "unjustified" or "unduly burdensome" when viewed through the lens of the First Amendment's legal framework. In a significant ruling, the judge's decision demonstrates the crucial role of transparency in the moderation of social media content.
In their legal argument, X focused on the assertion that the law compels companies to partake in speech against their volition, infringes upon editorial discretion in an impermissible manner, and applies undue pressure to eliminate speech protected by the Constitution. The court has rejected the arguments put forth, thereby reinforcing the state's authority to regulate and demand transparency from social media platforms.
The lawsuit took place amid ongoing challenges for X, as the platform faced an advertiser exodus, including major companies like Apple, Disney, IBM, and Lions Gate Entertainment. This was fueled by concerns about the platform's handling of hate speech, misinformation, and controversial statements made by Elon Musk, according to Al Jazeera.
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EU Launches Probe Into X Over Content Violations
Beyond the legal battles in the US, X is also under scrutiny by the European Union, which has initiated an investigation into potential violations of the bloc's Digital Services Act (DSA). The probe focuses on content related to Hamas's October 7 attacks on Israel, further intensifying the challenges faced by the social media company on the international stage.
As US District Judge William Shubb dismissed X's request in a concise eight-page decision, the social media giant is now compelled to adhere to California's content moderation disclosure law, marking a significant development in the ongoing debate over the responsibilities and limitations of online platforms in regulating content.
X, previously known as Twitter, has yet to provide a prompt response to the court's ruling. The outcome of the situation emphasizes the growing attention from regulators towards social media platforms worldwide.
This highlights the importance of finding a middle ground between protecting freedom of speech and implementing effective content moderation practices. The case known as X Corp v Bonta has emerged, contributing to the ever-changing legal terrain that defines the obligations of digital platforms in today's society, Bloomberg reported.
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