Meta’s Fact-Checker Pivot Stirs Unease in EU Commission

Zuckerberg has vowed to push back on ‘ever-increasing’ internet laws around the world, including in Europe, where fact-checkers are integral to EU regulation.
Meta’s Fact-Checker Pivot Stirs Unease in EU Commission
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference in Menlo Park, Calif., on Sept. 25, 2024. Godofredo A. Vásquez/AP Photo
Owen Evans
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The European Commission has reacted with reservation to Meta’s decision to replace fact-checkers in the United States with a new community notes system, sparking a debate about how the tech giant will fare under the European Union’s strict internet controls.

Meta will begin replacing its fact-checkers in the United States with a new “community notes” system similar to the one used on Elon Musk’s social media platform, X, Meta CEO Mark Zuckerberg announced on Jan. 7.

In a major shift, Zuckerberg also called fact-checkers “too politically biased,” saying they “destroyed more trust than they created.”

“After [Donald] Trump first got elected in 2016, the legacy media wrote nonstop about how misinformation was a threat to democracy,” he said. “We tried in good faith to address those concerns without becoming the arbiters of truth, but the fact-checkers have just been too politically biased and have destroyed more trust than they’ve created, especially in the United States.”

He called Europe a place of “censorship.”

“Europe has an ever-increasing number of laws, institutionalizing censorship, and making it difficult to build anything innovative there,” he said.

The Digital Services Act (DSA) is an EU-wide 2022 regulation that regulates the obligations of digital services. Part of this requires social media platforms to remove, and take other specified steps to deal with, what is deemed disinformation.
Although companies are not directly responsible for all user-generated content, part of the DSA’s remit holds platforms accountable for the content to which users are exposed.
Calls to use the DSA to clamp down on Meta’s rival X intensified as Musk interviewed Alice Weidel, leader of Germany’s right-wing Alternative for Germany Party, on Jan. 6.

Thierry Breton, former digital policy chief for the European Union, said that the bloc’s sweeping disinformation law could ban X if the social media platform fails to comply with its terms.

“One hundred and fifty EU officials are supposed to monitor my conversation with Elon Musk,” Weidel said on X shortly before the live interview.

In response to Meta’s changes, the European Commission outlined its stance on fact-checkers and the potential consequences of DSA noncompliance.

“We have no particular comment on something happening in the United States,” European Commission spokesperson Thomas Regnier told reporters on Jan. 8, adding that the DSA applies only in the EU.

He said that the work of fact-checkers in the EU is based on “high-level ethical and professional standards” and that independent fact-checkers can be considered as an effective way to “mitigate systemic risks” stemming from “disinformation.”

Elon Musk in Washington on Nov. 13, 2024. (Andrew Harnik/Getty Images)
Elon Musk in Washington on Nov. 13, 2024. Andrew Harnik/Getty Images

He said a noncompliance decision confirming the breach under the DSA could lead to fines of up to 6 percent of the company’s global annual turnover.

“So in other words, we absolutely refute any claims of censorship on our side,” Paula Pinho, European Commission chief spokesperson, said.

Fact-checking organizations play a role in identifying and flagging content that could be considered disinformation in the EU.

One such organization, the European Fact-Checking Standards Network, said it was “disappointed by Meta’s decision.”

It claimed that linking fact-checking with censorship is “harmful” and that this “is the driving force behind harassment and attacks on fact-checkers.”

The NewsGuard website is displayed on a laptop in New York City on July 26, 2023. (Samira Bouaou/The Epoch Times)
The NewsGuard website is displayed on a laptop in New York City on July 26, 2023. Samira Bouaou/The Epoch Times
Source-raters such as NewsGuard, which is based in the United States and rates online content and media outlets with credibility “Nutrition Labels,” help the European Commission with disinformation.

Decentralized Censorship System

In a 2024 report, Norman Lewis—visiting research fellow at the think tank MCC Brussels, and formerly, PwC director and director of technology research at Orange UK—said the EU is institutionalizing laws against hate speech and disinformation that represent a “fundamental attack on free speech and democracy in Europe.”

The European Commission relies on officially designated fact-checkers, some of whom are NGOs.

These entities flag specific pieces of content for platforms to review. Platforms are then obligated to act, either by taking down the content or investigating it further.

“It is a system which institutionalizes non-accountability,“ Lewis told The Epoch Times. ”Platforms have to comply arguing that they have no choice if they want to continue operating in Europe.

“The fact-checkers are not accountable to anyone. In the end, the commission can claim they’re not censoring but Big Tech is, despite the fact that the commission created the environment that forces this censorship.

“If they don’t act upon it, then there are very severe penalties.

“My report highlights that the commission outsources content monitoring rather than doing it themselves. They’ve deliberately created a decentralized censorship system where their censorious intent is always an arm’s length outcome.”

European Union flags fly outside the European Commission headquarters in Brussels on March 1, 2023. (Johanna Geron/Reuters)
European Union flags fly outside the European Commission headquarters in Brussels on March 1, 2023. Johanna Geron/Reuters

Lewis said it’s fair to remove content promoting terrorism or illegal activities, but the system also targets more subjective content, such as hate speech. The lack of clear definitions and accountability leads to the removal of a significant amount of legitimate content.

The EU’s transparency database, which is part of the DSA, allows it to track the content moderation decisions taken by providers of online platforms in almost real time.

“You will see the remarkable number of incidents and things that have been taken down. And if you search for hate speech, there are thousands and thousands of posts,” he said.

“The problem is that this is opaque: The public can’t access this data to see what exactly that content is. It might be very dangerous; it could be violent sexual abuse or calls for violence.

“But it could also be legitimate, for example, opposition to the Green Deal or to EU immigration policies or gender identity.”

Lewis said that Mark Zuckerberg’s announcement about censorship, and “his intention to remove fact-checkers and the actions of Elon Musk on X are going to directly challenge” the EU, even though Meta has so far said this move will not apply to the EU.

“How that will play out will be anyone’s guess,” he said. “But what is not in doubt is that free speech or censorship is going to become a geopolitical issue, especially in the relationship between the incoming Trump administration and the EU.”

‘Game-Changer for Free Speech’

Jeremy Tedesco, Alliance Defending Freedom’s senior vice president of corporate engagement and senior counsel, told The Epoch Times by email that the latest development means that the United States is about to “set the right tone for free speech.”

“Meta’s announced changes could be a game-changer for free speech,” he said. “We’ve already seen the impact of X’s overhaul under Elon Musk, and there’s no reason Meta couldn’t turn things around just as quickly and completely.”

Facebook should “never have relied on so-called fact-checkers of any political stripe to police speech online,” Tedesco said.

“But as Zuckerberg said in the video, we’re now in a new era for free speech, one where powerful social media companies like Meta will have much to gain and little to lose by allowing everyone to speak freely online,” he said.

Tedesco said the “answer to speech you don’t like is always more speech, not censorship.”

President-elect Donald Trump looks on during Turning Point USA's AmericaFest event at the Phoenix Convention Center in Phoenix on Dec. 22, 2024. (Rebecca Noble/Getty Images)
President-elect Donald Trump looks on during Turning Point USA's AmericaFest event at the Phoenix Convention Center in Phoenix on Dec. 22, 2024. Rebecca Noble/Getty Images
Mulling whether the incoming Trump administration may theoretically use tariffs on the EU if the bloc clamps down on Meta over the move, Tedesco said it is the “government’s duty to protect God-given freedoms, starting with speech and religion.”

“America is unquestionably the world’s leader in safeguarding these core liberties, but there’s no question that our federal government has failed to fulfil its duty in recent years,” he said.

“The American people have spoken loud and clear at the ballot box—we’re done with viewpoint-based censorship. And we expect our elected leaders to set the right tone for free speech on the world’s stage.”

Regnier told The Epoch Times by email that in the EU, fact-checkers work on the basis of “high ethical and professional standards, which guarantee their independence.”

“Under the DSA, collaborating with such independent fact-checkers can be an efficient way for [very large online platforms] to mitigate risks stemming from the malicious use of the platform related to the spread of disinformation or negative effects on civic discourse,” he said.

The Epoch Times contacted the European Fact-Checking Standards Network for comment, but didn’t receive a response by publication time.

Owen Evans
Owen Evans
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Owen Evans is a UK-based journalist covering a wide range of national stories, with a particular interest in civil liberties and free speech.