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The burgeoning social media platform Bluesky is facing scrutiny from the European Union (EU) for failing to comply with information disclosure regulations outlined in the Digital Services Act (DSA). While Bluesky's user base has exploded in recent weeks, it remains below the threshold to be classified as a "very large online platform" (VLOP) under the DSA, leaving the EU with limited options for direct intervention.

Breaking the Rules, Dodging Scrutiny  

According to a Reuters report, the European Commission spokesperson, Thomas Regnier, highlighted Bluesky's non-compliance during a press briefing. The key issue is the platform's lack of a dedicated webpage disclosing crucial information mandated by the DSA. This includes details like the number of EU users and Bluesky's legal establishment location.

The DSA and Platform Classification

The DSA, which came into effect in November 2024, aims to hold online platforms accountable for content posted on their services. However, the act assigns varying levels of responsibility based on platform size. VLOPs, defined as platforms with over 45 million monthly active users in the EU, face stricter regulations and increased scrutiny.

Bluesky's Meteoric Rise and Potential Collision Course

Bluesky's user base has witnessed a dramatic surge, likely fueled by the recent US presidential election. Ten days ago, the platform boasted 15 million users. As of November 25, 2024, that number has climbed to a staggering 22.5 million, according to a developer-created stat-tracking website.

While Bluesky's current size shields it from the full force of the DSA, its rapid growth suggests a potential collision course with EU regulations in the near future. If Bluesky surpasses the 45 million user threshold, it will be obligated to comply with the full spectrum of DSA requirements, including:

• Content Moderation: Bluesky will need to establish robust mechanisms for identifying and removing illegal and harmful content, with clear procedures for user appeals.

• Transparency: The platform will have to publish regular reports detailing its content moderation efforts, including the types and volume of content removed.

• Risk Management: Bluesky must conduct risk assessments to identify potential misuse of the platform and implement measures to mitigate those risks.

The Road Ahead for Bluesky and the EU

The EU's approach to Bluesky underscores the challenges of regulating a dynamic online landscape. With platforms like Bluesky experiencing such rapid growth, regulators need to be adaptable and find ways to apply regulations effectively, even to smaller but fast-growing platforms.

Here are some potential scenarios for the future:

• Bluesky's Growth Slows: If Bluesky's user base plateaus or declines, it may escape the stricter VLOP regulations. However, remaining non-compliant with basic information disclosure rules could still lead to penalties from the EU or individual member states.

• Bluesky Achieves VLOP Status: Should Bluesky cross the 45 million user threshold, it will have to comply with the full DSA regulations. This could force significant changes to the platform's operations and potentially slow its growth as it grapples with new content moderation and risk management requirements.

• The EU Adapts Regulations: The EU might consider revising the DSA to create a tiered system that imposes progressively stricter regulations based on a platform's size and growth trajectory. This could provide a more nuanced approach to regulating platforms like Bluesky.

The Evolving Landscape of Social Media Regulation

The Bluesky situation exemplifies the ongoing debate around regulating social media platforms. While the EU's DSA represents a significant step forward, it highlights the need for adaptable regulations that can address the complexities of a constantly evolving online environment.

This situation also raises questions about the role of self-regulation for smaller platforms. While not currently subject to the full force of the DSA, Bluesky could choose to proactively implement content moderation and risk management procedures to build user trust and establish itself as a responsible platform.

Looking Forward

Bluesky's rapid ascent in the social media landscape presents a fascinating case study. Whether the platform can maintain its growth trajectory and how it navigates the evolving regulatory landscape in the EU will be interesting to follow.