` EU Fines Elon Musk $140M Over 'Deceptive Design'—First Company Penalized Under New Digital Services Act - Ruckus Factory

EU Fines Elon Musk $140M Over ‘Deceptive Design’—First Company Penalized Under New Digital Services Act

Maksim8247 – X

On a Friday in December, Europe’s top tech regulator declared the blue badge a lie. The European Commission fined Elon Musk’s X €120 million ($140 million) for turning verification into a form of fraud, marking the first non-compliance decision under the Digital Services Act.

For hundreds of millions of European users, the most recognizable symbol on social media had become a shield for scams, disguising impersonators as authentic accounts. ​

The Verified Past

a lit up twitter logo in the dark
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Twitter’s blue checkmark meant one sacred thing: you were real. Beyoncé had one. Pope Francis had one. Neil Gaiman had one. The vetting was rigorous and manual. According to the European Commission’s investigation, the system helped users “distinguish genuine notable account holders from impostors and parodies.”

The checkmark was earned trust, not purchased anonymity, and it anchored how journalists, officials, and ordinary users assessed credibility. ​

The Moment Everything Inverted

A black square with a white x on it
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November 2022. Musk acquired Twitter and instantly flipped the script, rebranding it as X months later. According to the Commission, “X’s use of the ‘blue checkmark’ deceives users because anyone can pay to obtain ‘verified’ status without meaningful verification of who is behind the account.”

The roughly $8-per-month subscription turned authenticity into a commodity. A scammer could buy verification faster than a verified account could report them. ​

The Three Violations

European Commission headquarters located in the Berlaymont building in the European quarters in Brussels Belgium European Commission is the executive branch of the European Union EU
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The European Commission identified three distinct breaches in its ruling of December 6. According to regulators, €45 million targeted the deceptive verification system, €35 million addressed advertising transparency failures, and €40 million penalized blocking researchers from accessing public data.

Each violation represented a different way X had shut out the people trying to protect users, including regulators, researchers, and civil society groups that track disinformation and scams. Together, they formed a pattern that the Commission said “cannot be dismissed as isolated errors,” but showed a systemic refusal to comply with EU law. ​

The Ad Database

advertising database on X
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Behind X’s interface lies an advertising database designed to allow outsiders to view which users are being targeted and why. Researchers need access to track scams, detect fake ads, and expose misinformation and influence campaigns. The Commission found X had built walls.

According to regulators, “X imposes design features and access barriers,” including “excessive delays in processing” researcher requests. More critically, “X’s ads repository lacks critical information, such as content and the legal entity paying for advertisements.” ​

The Researchers’ Blocked Access

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The third violation cut deepest: X prevented independent researchers from studying how the platform affected 450 million Europeans. According to the European Commission, “X does not allow researchers to access its public data independently” and “X’s processes impose unnecessary barriers, effectively undermining research into several systemic risks.”

Academics, nonprofits, and civil society organizations sought to understand how algorithms amplified misinformation, exploited young people, and manipulated elections across the EU.

TikTok Versus X

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On December 6, the Commission faced a revealing moment. TikTok, the Chinese-owned platform the U.S. once threatened to ban, settled immediately. According to reports, TikTok committed to providing “advertising repositories, update them within 24 hours, and disclose targeting criteria” in line with DSA transparency rules.

The contrast was stark: TikTok cooperated; X resisted. The Commission “secured TikTok’s commitment to enhance ad transparency,” while it formally penalized X. ​

Washington Erupts: Politics Becomes Warfare

Vice President JD Vance Hosting The Charlie Kirk Show
Photo by The White House on Wikimedia

The fine detonated instantly in American politics. Vice President JD Vance attacked: “The EU should be supporting free speech, not attacking American companies over garbage.” Secretary of State Marco Rubio escalated further: “The European Commission’s $140 million fine isn’t just an attack on X, it’s an attack on all American tech platforms and the American people.

The days of censoring Americans online are over.” Musk responded: “Absolutely.” Framing the fine as censorship, the Trump administration cast Brussels as a foreign threat to American speech, deepening a long-running transatlantic rift over tech regulation.

Musk’s Nuclear Option

Elon Musk was spectacular as the closing TED 2017 interview this morning Here is the video and a summary rom the TED Blog Why are you boring We re trying to dig a hole under LA and this is to create the beginning of what will be a 3D network of tunnels to alleviate congestion Musk says describing the work of his new project The Boring Company Musk shows a video of what this system could look like with an electric car-skate attached to an elevator from street level that brings your car vertically underground into a tunnel There s no speed limit in the tunnel - and the car-skates are being designed to achieve speeds of 200 km h or about 130 mph You should be able to get from Westwood to LAX in 5-6 minutes Musk says Why aren t flying cars a better solution I do rockets so I like things that fly Musk says There s a challenge of flying cars in that they ll be quite noisy If something s flying over your head a whole bunch of flying cars going all over the place that is not an anxiety-reducing situation You ll be thinking Did they service their hubcap or is it going to come off and guillotine me How will these tunnels tie in with Hyperloop The Hyperloop test track is the second biggest vacuum chamber in the world smaller only than the Large Hadron Collider Musk says The proposed transportation system would propel people and freight in pod-like vehicles in a vacuum and tunnels end up being great for creating vacuum We re cautiously optimistic that it ll be faster than the world s fastest bullet train even over a 8-mile stretch Musk says of Hyperloop What s happening at Tesla Tesla Model 3 is coming in July Musk says and it ll have a special feature autopilot Using only passive optical cameras and GPS no LIDAR the Model 3 will be capable of autonomous driving Once you solve cameras for vision autonomy is solved if you don t solve vision it s not solved You can absolutely be superhuman with just cameras Musk says that Tesla is on track for completing a fully autonomous cross-country LA to New York trip by the end of 2017 November or December of this year we should be able to go from a parking lot in California to a parking lot in New York no controls touched at any point during the entire journey Musk says More news from Tesla a semi truck which Musk reveals with a teaser photo It s a heavy-duty long-range semi meant to alleviate heavy-duty trucking With the Tesla Semi we want to show that an electric truck actually can out-torque any diesel semi If you had a tug of war competition the Tesla Semi will tug the diesel semi uphill Musk says And it s nimble - it can be driven around like a sports car he says What else is going electric Showing a concept photo of a house with a Tesla in the driveway Powerwalls on the side of the house and a solar glass roof Musk talks about his vision for the home of the future Most houses in the US he says have enough roof area for solar panels to power all the needs of the house Eventually almost all houses will have a solar roof he says Fast forward 15 years from now it ll be unusual to have a roof that doesn t have solar And to store all that electricity needed to power our homes and cars Musk has made a huge bet on lithium-ion batteries Moving on to a discussion of the Gigafactory a massive diamond-shaped lithium-ion battery factory near Sparks Nevada Musk talks about how power will be stored in the future When it s running full speed you can t see the cells without a strobe light Musk says as a video of the factory pumping out Li-ion batteries plays behind him Musk thinks we ll need about 100 such factories to power the world in a future where we don t feel guilty about using and producing energy and Tesla plans to announce locations for another four Gigafactories late this year We need to address a global market Musk says hinting that the new factories will be spread out across the world Let s talk SpaceX At TED2013 Musk talked about his dream of building reusable rockets - a dream he s seen realized with the success of the Falcon 9 which to date has had nine successful launches and landings Earlier this year a used rocket completed a second successful mission and landing for the first time in history It s the first reflight of an old booster where that reflight is relevant Musk says Reusability is only relevant if it is rapid and complete like an aircraft or a car You don t send your aircraft into Boeing in between flights What about Mars Showing plans for a massive rocket that s the size of a 40-story building Musk talks about what it ll take to get to Mars The thrust level for this configuration is about four times the thrust of a Saturn V moon rocket the biggest rocket humanity has ever created he says In units of 747s this would be the thrust equivalent of 120 747s with all engines blazing The rocket is so massive that it could take a fully-loaded 747 as cargo While it may seem large now future spacecraft will make this look like a rowboat Musk says And when can we can hope to see it Musk thinks the Interplanetary Transport System SpaceX revealed earlier this year will take 8-10 years to build Our internal targets are more aggressive he says There have to be reasons that you get up in the morning and you want to live Why do you want to live What s the point What inspires you What do you love about the future If the future does not include being out there among the stars and being a multi-planet species I find that incredibly depressing Musk says But why work on projects like getting to Mars when we have so many problems here on Earth Sustainable energy will happen no matter what out of necessity Musk says If you don t have sustainable energy you have unsustainable energy The fundamental value of a company like Tesla is the degree to which it accelerates the advent of sustainable energy faster than it would otherwise occur he says But becoming a multi-planet species isn t inevitable If you look at the progress in space in 1969 we were able to send somebody to the moon Then we had the space shuttle which could only take people to low-Earth orbit Now we take no one to orbit That s the trend - it s down to nothing We re mistaken when we think technology automatically improves It only improves if a lot of people work very hard to make it better What s your motivation The value of beauty and inspiration is very much underrated no question Musk says But I want to be clear I m not trying to be anyone s savior I m just trying to think about the future and not be sad
Photo by Steve Jurvetson from Menlo Park USA on Wikimedia

EU executive vice-president Henna Virkkunen had stated: “Deceiving users with blue checkmarks, obscuring information on ads, and shutting out researchers have no place online in the EU.” Musk responded by barring the European Commission from advertising on X—blocking the regulator that fined him from spending a single euro on the platform.

It was defiant political theatre. It signaled X would not bend to foreign rule, no matter the cost. Commentators noted that while the EU reached compromises with other firms, Musk appeared to choose confrontation, turning an enforcement case into a geopolitical battle over who governs digital spaces.

60 Days to Comply

Blue Verified Badge for ensuring a brand or company is reall and authentic one
Photo by Iamovichowdhury on Wikimedia

According to the Commission’s ruling, X now has 60 working days to prove it will fix the blue-checkmark fraud or face “periodic penalty payments.” For advertising and researcher access, Musk has 90 days for an “action plan.”

The real threat lies in the DSA’s upper ceiling: under the law, penalties can reach 6 percent of a company’s global annual revenue for repeat or serious breaches. For X, that could exceed $500 million depending on how regulators calculate turnover. ​

The Global Reckoning

banner flag europe european flag stars eu countries european states country euro eu flag collaboration international brussels euro star euro sign blue euro euro eu flag eu flag eu flag eu flag eu flag
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This wasn’t just about X. This was the first-ever enforcement action under the EU’s Digital Services Act, the bloc’s flagship online-regulation rulebook. By fining Musk, regulators sent a signal: size, founder reputation, and U.S. political connections no longer protect platforms from foreign accountability.

According to Commission officials, future enforcement decisions will be made more quickly than the two years this investigation took, as procedures and teams are now in place. ​

The Sovereignty War

Today President Donald J Trump fills out his New York State absentee ballot for the upcoming New York general election
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The Trump administration demanded Europe “abandon its failed focus on regulatory suffocation.” Brussels held firm. According to European officials, the bloc maintained its “sovereign right” to regulate American tech firms on behalf of its citizens, just as Washington regulates foreign banks and carmakers.

The 27-nation EU, representing 450 million people, asserted that EU law applied equally to every platform—American, Chinese, or otherwise. The principle was now backed by enforcement power and potentially billions in fines.​

What Will Musk Do?

Image by Daniel Oberhaus via Wikimedia Commons

X has not announced a single detailed compliance plan. Musk can appeal to EU courts or submit remedial action plans; both options are available under the DSA. He called the decision “Bullshit” on his platform, dismissing the fine as politically motivated.

The question haunting regulators: Will X genuinely overhaul systems—reverting blue checks to verification-only status, opening ad repositories, and granting researcher access—or will Musk play legal chess for years, hoping regulators back down or the political winds shift in his favor? ​

What Checkmarks Mean Now

Close-up view of a smartphone displaying apps held by a hand with a blurred laptop in the background
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The blue checkmark tells a story about who we are now. Before Musk, it meant you were vetted, authentic, and real. After Musk, it meant you had paid $8, regardless of identity. The EU’s $140 million decision affirmed something profound: in Europe, users had a right to know the difference between verified and merely paying accounts.

The checkmark became a warning label for deception. Whether that principle survives—whether anyone can trust verification again, whether researchers can study algorithmic harms, whether regulators can enforce rules against billionaires—remains the question hanging over every platform.

The Final Test: Can Rules Actually Work?

A gavel striking a sound block symbolizing justice and legal authority in a courtroom setting
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The ruling’s significance wasn’t just the fine. It was the precedent. For the first time in digital history, a major American platform faced real consequences under democratic regulation rather than voluntary pledges. According to the Commission, this was about ensuring “transparency” and protecting “users’ rights.”

As Henna Virkkunen told reporters, “We are not here to impose the highest fines. We are here to make sure that our digital legislation is enforced.” That commitment will determine whether the Digital Services Act becomes the global gold standard for governing online platforms—or another ambitious law that powerful companies learn to outlast.