Social media platform X, formerly Twitter, has begun displaying prominent informational messages to users regarding its blue checkmark system, as it seeks to evade a potentially large fine from the European Union over allegedly deceptive practices.

The disclaimer explains the meaning of the blue checkmark that appears next to some account names, saying the system indicates users who pay for premium X services and have been verified as non-deceptive.

Before Twitter was acquired by entrepreneur Elon Musk in late 2022, the checkmark indicated verified users who were considered public figures, such as politicians or journalists.

DSA breach

The EU said in a preliminary finding last year that the checkmark now essentially indicated anyone who paid for X premium services and as such was deceptive.

In January the European Commission said it was stepping up its investigation into whether X breached Digital Services Act rules with a request for internal documentation about its recommender system that makes content suggestions to users, and any recent changes made to it.

The disclaimer, which began being displayed last week, was intended to show that the allegedly infringing behaviour had ended, Bloomberg reported, citing unnamed sources.

A Reuters report said the notice was not part of a settlement proposal to EU regulators.

X’s notice said the checkmark now designates “active, secure and non-deceptive” who subscribe to paid services and said the change represented a democratisation of the feature.

A spokesperson for the European Commission said it had taken note of X’s announcement and that its investigation into the blue checkmark was “ongoing”.

Fines under the EU’s Digital Services Act can reach up to 6 percent of a company’s global turnover.

Potential fine

The EU could calculate the fine including revenue from Musk’s other businesses, including aerospace firm SpaceX and brain implant maker Neuralink, Bloomberg reported last year.

In July of last year the Commission said in preliminary findings that X breached the DSA in multiple areas, including the blue checkmark as well as dark patterns, advertising transparency and data access for researchers.

Thierry Breton, then commissioner for the internal market, said at the time that the Commission’s preliminary view was the blue checks “deceive users and infringe the DSA”.