Cynthia Ní Mhurchú lodges complaint against Twitter, now X, for breaches of the Digital Services Act

Ní Mhurchú says that she is regularly called a “stupid bitch” on X ( formerly Twitter) when she raises woman’s issues and domestic violence. Ní Mhurchú says the level of racist, offensive, and misogynistic content candidates from diverse backgrounds are getting on the platform formerly known as Twitter needs to be called out

Ireland South MEP candidate and barrister Cynthia Ní Mhurchú has written to Coimisiún na Meán to lodge an official complaint against X (formerly Twitter) under Article 53 of the Digital Services Act (DSA). Ní Mhurchú’s complaint relates to X’s failure to remove offensive, racist, misogynistic and sometimes illegal content from their platform. 

Cynthia Ní Mhurchú has said that content on the platform X is having a chilling effect on minorities in Ireland, in particular those who have put themselves forward for election. 

Ní Mhurchú referenced comments where, amongst other things,  she was called a “stupid bitch” when raising women’s issues such as domestic violence. Of more concern to Ní Mhurchú are comments posted on the Twitter feeds of ethnically diverse Fianna Fáil candidates, 

Ní Mhurchú has reported comments on the pages of her colleagues like “go home foreigner, you’re not welcome here”, “get out of our country foreigner” and comments of a much more abusive nature where migrants were compared to vermin. Despite her complaints, the X platform has not taken action on the reports. 

Ní Mhurchú accused X of hiding behind the concept of free speech whilst allowing racist, harmful and often illegal content to be published on their platform. She defended her colleagues in Fianna Fáil, and from all parties, who are candidates from diverse backgrounds. 

“If we are to encourage a diverse range of candidates to run for election, then we have to call out this content. I fully accept robust criticism but there is a line and it has been crossed on the platform X some time ago”

Content is deemed as illegal if it is in breach of the law of Ireland or another EU Member State. For example, threatening or grossly offensive communication can be illegal under Section 4 of the Harassment, Harmful Communications and Related Offences Act 2020. Other content may not be illegal but harmful in which case platforms have a legal obligation under the Digital Services Act to have rules about acceptable content and include them in their terms and conditions. They also have to enforce these rules. 

According to Ní Mhurchú, X has clear responsibilities to moderate and police it's content under the Digital Services Act, which it seems to be ignoring. Ní Mhurchú has said that if the X platform is not willing to moderate and police content on it’s own platform, it should be forced to comply with the rules and provisions set out in the Digital Services Act. 

The European Commission opened formal proceedings against X back in December 2023. Coimisiún na Meán has said that it will be providing assistance to the European Commission in this investigation. 

Ní Mhurchú has asked that this investigation be fast tracked.

“An investigation into X started in December 2023. The offending content is there for all to see. It is not hidden. It is fuelling the far right and racist groupings and is an affront to any decent minded person. I am calling on the EU Commission and Coimisiún na Meán to take action now!” 

ENDS