BRUSSELS, BELGIUM – Nearly two years after launching its first-ever formal investigation under the landmark Digital Services Act (DSA), the European Commission is nearing a final decision that could see social media platform X face substantial fines for alleged breaches of online content rules. The probe, initiated on Thursday, December 18, 2023, has become a critical test of the EU's power to regulate major tech companies and is being closely watched in Kenya, where digital platform governance is a growing national concern.

The investigation centres on whether X, owned by Elon Musk, has failed to adequately combat the dissemination of illegal content and disinformation, enhance advertising transparency, and provide researchers with necessary data access as mandated by the DSA. The European Commission, the EU's executive arm, has issued preliminary findings, notably on July 12, 2024, stating that X's paid verification system—the "Blue checkmark"—is deceptive to users. The commission is also scrutinising the effectiveness of X's 'Community Notes' feature and its measures to protect civic discourse.

Should the breaches be confirmed, X could be fined up to 6% of its global annual turnover, a penalty that could amount to over $1 billion. In response to the allegations, X has maintained it is complying with the DSA and has accused the EU of attempting to censor free speech, with Musk vowing a "public battle in court."

Geopolitical Tensions and US Opposition

The EU's regulatory push is unfolding against a backdrop of escalating transatlantic tensions over technology governance. The administration of U.S. President Donald Trump has voiced strong opposition to the DSA, framing it as a barrier to trade that unfairly targets American companies. On Monday, November 25, 2025, U.S. Commerce Secretary Howard Lutnick, speaking in Brussels, explicitly urged the EU to "roll back" its digital regulations in exchange for more favourable terms on steel and aluminium tariffs. This sentiment has been echoed by other senior U.S. officials, who have accused the EU of attempting to impose undue restrictions on freedom of expression. Some reports indicate the U.S. administration has considered punitive measures, such as visa restrictions, on EU officials involved in enforcing the DSA.

Implications for Kenya's Digital Landscape

While the investigation is rooted in European law, its outcome holds significant implications for Kenya and the wider East African region. With 15.1 million active social media users as of January 2025, Kenya has a vibrant and rapidly growing digital ecosystem. The principles embedded in the DSA—tackling hate speech, ensuring transparency, and protecting users from harmful content—mirror ongoing policy discussions within Kenya.

Kenyan authorities are actively developing their own frameworks to manage online spaces. On March 12, 2025, the National Cohesion and Integration Commission (NCIC) convened an expert session to review a draft National Code of Practice on Disinformation and Hate Speech. This initiative aims to align with Kenya's Constitution and laws like the Computer Misuse and Cybercrimes Act (2018) and the National Cohesion and Integration Act (2008), which already penalise the spread of false information and hate speech. The EU's enforcement actions against a global platform like X could serve as a powerful case study for Kenyan regulators, demonstrating a potential model for holding tech companies accountable.

The DSA's global reach means that changes implemented by platforms to comply with EU law often affect users worldwide, including in Kenya. Enhanced content moderation systems or greater advertising transparency on X could indirectly benefit Kenyan users by fostering a safer online environment. However, the debate also brings to the forefront the delicate balance between regulation and preserving freedom of expression, a right enshrined in Article 33 of Kenya's Constitution. As a leader in digital technology on the continent, Kenya's approach to these challenges is poised to influence regulatory trends across Africa.

As the European Commission moves towards a final decision, the case against X is becoming more than a regional regulatory dispute; it is a defining moment in the global conversation about the future of internet governance, with clear and discernible impacts for the digital rights and safety of citizens in Kenya and beyond.