The European Commission has launched an investigation into Grok, the AI chatbot on X owned by Elon Musk, following reports that the tool allows users to digitally strip women and children, creating sexualized images. Swedish Deputy Prime Minister Ebba Busch shared that she was involuntarily targeted by the feature, which has generated three million sexualized images in under two weeks, including tens of thousands appearing to depict children.
The investigation, conducted under the Digital Services Act (DSA), will examine whether X properly assessed and mitigated risks associated with Grok’s deployment in the EU. Experts say the case could set a precedent for holding US tech firms accountable and protecting citizens from privacy violations. Joanna Bryson, professor of ethics and technology at the Hertie School in Berlin, told DW: “If they can go up against Musk, that is huge. It tells everybody the EU is serious.”
EU Regulatory Power Over AI
The EU can regulate digital services in a manner similar to physical products: platforms that break rules can be forced to change or banned entirely. Philipp Hacker, professor of law and ethics at Viadrina University, described the DSA as “arguably the most powerful platform regulation in the world,” covering broad categories like systemic risks rather than targeting specific technologies. Grok’s controversial “undressing” feature did not exist when the DSA came into force in 2022.
The Commission has two main enforcement tools:
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Fines: X could face penalties of up to 6% of global annual turnover. In December, the EU fined the platform €120 million ($143 million) for breaching DSA transparency rules.
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Blocking the platform: In cases of repeated violations, the Commission could potentially ban X entirely within the EU.
The EU’s leverage is strengthened by its large consumer market, giving it significant influence over global tech firms.
Concerns Over Enforcement and Geopolitics
Experts have questioned whether the EU will fully exercise its regulatory powers. Marco Bassini, assistant professor at Tilburg University, noted that while the DSA protects fundamental rights, enforcement remains a challenge.
Reports suggest the Grok investigation was delayed due to geopolitical considerations, including a tariff dispute with the US over Greenland. Some MEPs criticized the delay, warning that fear of US reaction should not limit EU regulatory action.
Skepticism also exists over whether a 6% fine would influence Elon Musk’s behavior. MEP Axel Voss suggested increasing penalties to ensure companies take EU regulations seriously.
There is currently no set timeline for the investigation, and experts estimate it could take months before the Commission reaches a conclusion.
This probe highlights the EU’s growing efforts to regulate AI technologies and enforce privacy protections in the digital age.
