The European Commission has initiated a formal investigation into Elon Musk’s social media platform X, formerly Twitter, concerning allegations that its AI chatbot, Grok, has been used to generate non-consensual sexualized deepfake images, including those of minors. This probe could lead to significant fines for X if violations of the EU’s Digital Services Act (DSA) are confirmed.
Key Takeaways
- The EU is investigating X for potential violations of the Digital Services Act (DSA).
- The investigation centers on Grok AI’s alleged creation of sexualized deepfake images.
- X could face fines up to 6% of its global annual turnover if found in breach of DSA rules.
- This is an expansion of an existing EU investigation into X’s recommender systems.
EU’s Digital Services Act Under Scrutiny
The European Commission’s investigation will assess whether X has adequately identified and mitigated the risks associated with Grok’s image-generating capabilities within the EU. Specifically, regulators are examining if the platform has complied with the DSA, which mandates that large online platforms take responsibility for illegal and harmful content. The probe will determine if X has met its legal obligations or if it has treated the rights of European citizens, including women and children, as secondary to its service.
Grok’s Controversial Capabilities
Grok, an AI chatbot developed by Musk’s xAI, has faced widespread criticism after reports emerged that users could prompt it to create sexually explicit images, including depictions of individuals in revealing clothing or with altered appearances. Concerns have been raised that some generated images may involve minors, constituting child sexual abuse material. In response to the outcry, X stated it would stop allowing users to depict people in “bikinis, underwear or other revealing attire” but only in jurisdictions where such content is illegal. However, campaigners argue this measure is insufficient.
Broader Investigation and Potential Penalties
This new investigation into Grok’s deepfake capabilities is an extension of an ongoing probe launched by the EU in December 2023, which scrutinizes X’s recommender systems and compliance with the DSA. The EU has previously fined X 120 million euros ($140 million) for violating transparency obligations related to its “deceptive design practices.” If X is found to be in violation of the DSA regarding the Grok issue, the Commission could impose interim measures or levy substantial fines, potentially reaching up to 6% of the company’s global annual turnover. Similar investigations into Grok are also underway in other countries, including Australia, France, and Germany.
Reactions and Global Impact
European officials have condemned the creation of such deepfakes, with Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy at the Commission, calling them a “violent, unacceptable form of degradation.” Conversely, some US officials, including Senator Marco Rubio, have accused the EU regulator of attacking American tech platforms. In response to the controversy, Malaysia and Indonesia temporarily blocked access to Grok, though Malaysia has since lifted its ban after X implemented additional security measures.