The European Commission applies the Digital Services Act by evaluating how digital platform systems are designed and function, including artificial intelligence tools, without requesting the removal of individual posts.
The EU investigates the X/Grok systems that allow the generation of illegal content. Displays image information. The EU aims to apply the DSA without directly intervening in the content published daily on platforms, establishing a clear distinction between institutional oversight responsibility and users' freedom of expression. The European Commission clarified that it does not request the removal of individual posts or images from platform X, but is analyzing whether its operational systems, including the Grok artificial intelligence tool, allow the generation of illegal content, such as non-consensual sexualized images, within the framework of the Digital Services Act.
In short The Commission does not decide on the removal of individual content from platforms. The investigation targets the design and functioning of AI systems. The DSA imposes structural obligations, not point censorship.
During the daily briefing, representatives of the European Commission explained that the institution's role is not to request the deletion of specific posts, but to ensure that very large platforms comply with the systemic obligations set out by the Digital Services Act. These include preventing the emergence and dissemination of illegal content through the way algorithms and tools are designed for users.
In the case of platform X and its Grok artificial intelligence system, the Commission is analyzing whether the design allows for the generation of illegal images, including sexual deepfakes targeting women or minors. European officials emphasized that the difference is essential: the removal of illegal content is done through the "notice and action" mechanism, triggered by users or authorities, while the Commission focuses on the platforms' obligation to structurally prevent such situations.
The recent limitation announced by X regarding image generation only for paying users does not change the Commission's assessment. From the EU's perspective, the issue is not who has access to the tool, but the fact that a system should not allow the production of illegal content in any scenario.
The Digital Services Act introduced a liability regime that shifts the focus from reactive content moderation to assessing the systemic risks of very large platforms. In the broader debate on generative artificial intelligence, the X/Grok case is used by Brussels to illustrate how the protection of women and minors can be integrated into platform design rules, without European institutions directly intervening in daily editorial decisions.
The investigation opened by the European Commission regarding platform X and its Grok artificial intelligence tool does not target individual content or specific moderation decisions, but rather how the platform's systems are designed and function. Under the Digital Services Act, the Commission has the authority to assess whether the design of an online service creates systemic risks, including the possibility of generating or amplifying illegal content.
Specifically, the investigation seeks to determine whether the technical architecture and internal rules of X allow for the generation of illegal images, such as non-consensual sexual deepfakes, and whether the platform has implemented adequate measures to prevent such situations. The emphasis is on structural prevention, not on subsequent reactions to individual reports.
If, following the assessment, the Commission finds systemic deficiencies, it may request the platform to modify its processes, algorithms, or control mechanisms to reduce the identified risks. In case of non-compliance with obligations, the DSA provides for the possibility of sanctions, but only after following the procedural steps set out by legislation.
https://2eu.brussels/en/news/eu-investigates-xgrok-systems-that-allow-the-generation-of-illegal-content
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