The European Commission issued a stern warning[1] on Monday to X Corp. owner Elon Musk and CEO Linda Yaccarino, cautioning that the social media platform may face significant penalties and restrictions in Europe if it fails to tackle the spread of illegal content, including incitements to violence and hate speech.
Thierry Breton, the European Commissioner for the Internal Market, addressed his concerns in a letter posted on X, particularly in light of recent events in the United Kingdom. Breton’s letter also referenced the planned broadcast of a live conversation between Musk and a U.S. presidential candidate, Donald Trump, which would be accessible to users in the European Union.
With great audience comes greater responsibility #DSA[2]
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[3]
Breton highlighted the risks associated with the dissemination of content that could incite violence, hate, and racism, especially during major political or societal events. He urged Musk and Yaccarino to ensure the effectiveness of their systems and to report any measures taken to address these issues.
Yaccarino responded to the letter by labeling it as an “unprecedented attempt to stretch a law intended to apply in Europe to political activities in the U.S.” She also criticized the move as patronizing to European citizens, implying that they are incapable of forming their own opinions after listening to a conversation.
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[7]
Musk, who is also the CEO of Tesla, is scheduled to host former President Donald Trump on X’s streaming platform, Spaces. This unscripted conversation is one of the few campaign events Trump is participating in this week as he faces off against Kamala Harris in the upcoming election.
Breton reminded Musk of the obligations outlined in the Digital Services Act (DSA), which mandates that social networks and streaming platforms prevent the spread of hate speech and other harmful content. The EU is currently investigating X for potential breaches of this law, with Breton warning that the EU is prepared to “make full use of our toolbox” to protect European citizens from “serious harm.”
With approximately 300 million users worldwide, one-third of whom are based in the EU, X is classified as a “Very Large Online Platform” and is legally required to comply with European laws, including the DSA. Recent riots in the U.K., fueled by disinformation spread on X, have put the platform under increased scrutiny. The false identification of an asylum seeker as the perpetrator of attacks on children in an English town was one such example of disinformation that led to violence.
Musk’s subsequent comments on the situation in the U.K., including a tweet suggesting that civil war was inevitable, were met with condemnation by British officials. Prime Minister Keir Starmer’s spokesperson stated that there was “no justification” for such remarks.
The European Commission’s investigation into whether X is in breach of the DSA is ongoing. Breton emphasized that the EU cannot rule out potential spillovers of illegal content from other jurisdictions into the EU. The Commission has the authority to impose fines of up to 6% of a company’s global annual revenues for violations of the DSA, as well as enforce interim measures such as changes to content recommender systems or increased monitoring of specific keywords.
