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

Zuckerberg has vowed to pushback 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 Elon Musk’s platform X, the tech company’s CEO Mark Zuckerberg announced on Meta 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. 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 said.

He cited Europe as a place of “censorship,” a reference to the EU’s own Digital Services Act (DSA) which regulates online content.

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

The 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.
While 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, owned by Elon Musk, intensified this week as Musk interviewed Alice Weidel, the leader of Germany’s right-wing Alternative for Germany (AfD) party, on Jan. 6.

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

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

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

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

He said that the work of fact-checkers in the EU is based on “high-level ethical and professional standards” and said 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 non-compliance decision confirming the breach under the DSA could lead to fines of up to six percent of the company’s global annual turnover.

“So in other words, we absolutely refute any claims of censorship on our side,” added European Commission Chief Spokesperson Paula Pinho.

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

One such organisation, the European Fact-Checking Standards Network (EFCSN), 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 like U.S. NewsGuard, which rates online content and media outlets with credibility scores “Nutrition Labels,” help the EU Commission with disinformation.

Decentralised Censorship System

In a 2024 report, Norman Lewis—visiting research fellow at the think tank MCC Brussels, former PwC director, and the 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 EU 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,” he said.

“My report highlights that the commission outsources content monitoring rather than doing it themselves. They’ve deliberately created a decentralised 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, like hate speech. The lack of clear definitions and accountability leads to a significant amount of legitimate content being removed.

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,” he added.

He 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 will not apply to the EU.

“How that will play out will be anyone’s guess. 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,” he added.

‘Game-Changer For Free Speech’

Alliance Defending Freedom Senior Vice President of Corporate Engagement and Senior Counsel Jeremy Tedesco told The Epoch Times by email that the latest development means 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. 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,” he said.

He added that Facebook should “never have relied on so-called ‘fact-checkers’ of any political stripe to police speech online.”

“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.

He added that the “answer to speech you don’t like is always more speech, not censorship. ”

“I’m hopeful that Meta is ready to make major strides in this critical area,” he said.

President-elect Donald Trump looks on during Turning Point USA's AmericaFest at the Phoenix Convention Center in Phoenix, Ariz., on Dec. 22, 2024. (Rebecca Noble/Getty Images)
President-elect Donald Trump looks on during Turning Point USA's AmericaFest at the Phoenix Convention Center in Phoenix, Ariz., on Dec. 22, 2024. Rebecca Noble/Getty Images
Mulling if the upcoming Trump administration may theoretically use tariffs on the EU if the bloc clamps down on Meta over this, 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. ”

“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,” he added.

EU Commission spokesman Thomas 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 VLOPs [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.

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.