Elon Musk’s social media platform X has filed an appeal at the General Court of the European Union challenging a £105 million penalty imposed under the Digital Services Act, marking the first judicial challenge to a DSA fine since the legislation came into force in 2022.
The case, formally titled X vs the European Commission, represents an unprecedented legal challenge that could set important precedents for enforcement, penalty calculations and fundamental rights protections under the 2022 regulation. The fine was handed down on 5 December 2025, with Musk bearing personal liability for the sum.
X has enlisted Alliance Defending Freedom International, a legal advocacy organisation focused on free speech matters, to support its challenge. The platform alleges the Commission conducted an “incomplete and superficial investigation” with “grave procedural errors” and “systematic breaches of rights of defence and basic due process requirements suggesting prosecutorial bias.”
Dr Adina Portaru, Senior Counsel for Europe at ADF International, stated: “X is being targeted by the European Commission because it is a free speech platform. Social media platforms are today’s public square, and the DSA threatens speech in that public square.”
The Brussels-based lawyer described the enforcement action as an attempt by authorities to maintain “total control of online narratives,” adding: “This case turns on whether the enormous powers given to the European Commission under the DSA are compatible with the rule of law.”
Portaru explained: “Under the DSA, the Commission is able to define the rules for so-called ‘content moderation,’ launch investigations, enforce them, and impose massive penalties for noncompliance, all with no meaningful checks and balances.”
X announced the appeal in a statement on the platform, declaring: “This EU decision resulted from an incomplete and superficial investigation, grave procedural errors, a tortured interpretation of the obligations under the DSA, and systematic breaches of rights of defence and basic due process requirements suggesting prosecutorial bias.”
The statement added: “X remains committed to user safety and transparency while defending our users’ access to the only global town square.”
The Digital Services Act governs all platforms exceeding 45 million monthly users, including Meta and Google. The legislation has drawn criticism from the US Administration and European free speech experts for establishing what they describe as an online censorship regime with worldwide implications.
X contends the Commission’s interpretation of relevant obligations raises serious questions about due process and adherence to the rule of law. The platform denies the transparency and procedural breaches cited in the December fine.
The appeal comes at a difficult time for Musk and X, with the platform facing mounting pressure internationally. French authorities raided the company’s Paris offices this month, whilst a Spanish minister has floated the prospect of a nationwide ban on the platform.
In the UK, Ofcom launched an investigation following the scandal that saw X’s AI tool Grok generating sexually explicit pictures of users without their consent.
The General Court of the European Union will now review X’s challenge to determine whether the Commission properly applied the DSA and respected fundamental rights protections during its investigation and enforcement proceedings. The outcome could significantly impact how the EU regulates major social media platforms going forward.
