The European Commission is threatening X owner Elon Musk with possible legal consequences for his plans to air an uncensored interview with former president Donald Trump, and calling for Musk to balance the importance of free expression with the need to suppress “harmful” content.
European Commissioner for the Internal Market Thierry Breton, one of the world’s most aggressive tech regulators, warned Musk that his planned Monday night interview with Trump could violate the Digital Services Act, or DSA, if X does not limit the spread of certain forms of online speech connected to the interview.
“As the individual entity ultimately controlling a platform with over 300 million users worldwide, of which one third [are] in the EU, that has been designated as a Very Large Online Platform, you have the legal obligation to ensure X’s compliance with EU law and in particular the DSA in the EU,” Breton wrote in a letter to Musk shared on X Monday.
“This notably means ensuring, on one hand, that freedom of expression and of information, including media freedom and pluralism, are effectively protected and, on the other hand, that all proportionate and effective mitigation measures are put in place regarding the amplification of harmful content in connection with relevant events, including live streaming, which, if unaddressed, might increase the risk profile of X and generate detrimental effects on civic discourse and public security.”
With great audience comes greater responsibility #DSA
As there is a risk of amplification of potentially harmful content in 🇪🇺 in connection with events with major audience around the world, I sent this letter to @elonmusk
📧⤵️ pic.twitter.com/P1IgxdPLzn
— Thierry Breton (@ThierryBreton) August 12, 2024
Breton reminded Musk of the ongoing proceedings against X related to alleged DSA violations, and the measures Musk must take to remain in compliance with the European Union’s restrictive tech regulation package.
“Therefore, we are monitoring the potential risks in the EU associated with the dissemination of content that may incite violence, hate and racism in conjunction with major political – or societal – events around the world, including debates and interviews in the context of elections,” Breton added.
The content that spreads on X from the Trump interview could alter the ongoing assessment of how well X is compliant with EU law. Musk has made free speech central to his reason for owning X, and has repeatedly expressed defiance when authorities have pressured him into censoring content online.
“This is an unprecedented attempt to stretch a law intended to apply in Europe to political activities in the US. It also patronizes European citizens, suggesting they are incapable of listening to a conversation and drawing their own conclusions,” X CEO Linda Yaccarino shot back, noting the potential for the EU’s regulations to interfere with the American electoral process.
This is an unprecedented attempt to stretch a law intended to apply in Europe to political activities in the US. It also patronizes European citizens, suggesting they are incapable of listening to a conversation and drawing their own conclusions. https://t.co/RmxL4VFuvV
— Linda Yaccarino (@lindayaX) August 12, 2024
Musk mocked Breton’s letter with a meme from comedy film Tropic Thunder and a joke about him posting irresponsibly.
Trump returned to X Monday for the first time in about a year to promote his presidential campaign and Musk’s upcoming interview. These days, Trump is active on his own social media platform, Truth Social, instead of X, but the platform remains popular among conservatives and Republican leaders. X also continues to be widely used by influential figures in media, politics, finance, tech, entertainment, comedy, and other industries.
Governor Ron DeSantis (R., Fla.), one of Trump’s main GOP primary rivals, began his presidential campaign with an error-filled launch using X’s chat room feature.
Last month, Musk issued a full-throated endorsement of Trump’s campaign after the assassination attempt on Trump during a campaign rally, and the former president’s now-iconic defiance in the face of political violence. The Trump endorsement highlights Musk’s political drift from a reliably liberal Democratic tech founder to a Republican billionaire frustrated with left-wing political correctness and government regulation. Among Musk’s biggest concerns is the First Amendment threat from regulators and nonprofit groups pressuring social media companies into limiting speech online.
Although he endorsed Trump, Musk has denied a Wall Street Journal report that he plans on spending $45 million per month to bolster a pro-Trump Super PAC focused on swing-state voter turnout.