EU Commission Clarifies No Prior Approval for Thierry Breton’s Warning Letter to Elon Musk’s X Platform

The European Union Commission has clarified that a contentious letter sent to Elon Musk, the proprietor of the social media platform X (formerly known as Twitter), did not receive prior endorsement from Ursula von der Leyen, the Commission’s President. This letter, dispatched by EU Internal Market Commissioner Thierry Breton, warned of potential legal repercussions under the Digital Services Act (DSA) if the platform failed to curb content that could endanger EU citizens. The timing of this letter’s publication, which coincided closely with Musk’s interview with US presidential candidate Donald Trump, has sparked debates and raised questions about its intent and the commission’s stance on regulating online platforms.

The EU Commission’s denial of any pre-approval for the letter’s content or timing indicates a significant communication gap within the Commission’s ranks. The situation has led to speculation about the autonomy with which Commissioner Breton operates, especially given the critical nature of the letter and its implications for free speech and regulatory enforcement on digital platforms. An anonymous EU official highlighted Breton’s tendency to work independently, which has occasionally bypassed the input of other top officials within the Commission.

This episode unfolds against the backdrop of the EU’s broader efforts to enforce the Digital Services Act, legislation aimed at curbing illegal content and misinformation on social media platforms. The DSA represents the EU’s commitment to ensuring a safer digital space for its citizens, amidst growing concerns over the role of major social media platforms in spreading disinformation and facilitating harmful content. The letter to Musk underscored the importance of X’s compliance with the DSA, particularly in light of the platform’s substantial user base in the EU, which accounts for approximately one-third of its global users.

The EU Commission is currently investigating X for possible violations of the DSA, focusing on the platform’s handling of illegal content and disinformation. The investigation aims to assess whether X’s policies and actions align with the DSA’s requirements to protect users from harmful content while balancing the right to freedom of expression. The outcome of this probe could have significant implications for X, potentially resulting in fines up to 6% of the company’s global turnover for non-compliance with the DSA.

In addition to the DSA compliance probe, X faces other legal challenges in Europe. Notably, the Austrian privacy organization NOYB, led by privacy activist Max Schrems, has filed a complaint against X with the Irish Data Protection Authorities. The complaint accuses X of using personal data for AI training without valid user consent, raising concerns about privacy violations. Concurrently, X is embroiled in an antitrust lawsuit against several major corporations and an advertising industry body, alleging a conspiracy to harm the platform and other conservative media outlets. The lawsuit, as reported by X’s CEO Linda Yaccarino, targets companies like CVS Health, Mars, and Unilever, accusing them of engaging in unfair practices to the detriment of the platform.

These developments underscore the complex landscape of digital regulation and the challenges facing social media platforms like X. As the EU continues to enforce its digital laws, platforms must navigate the fine line between adhering to regulatory requirements and safeguarding user rights. The situation also highlights the need for clear communication and coordination within regulatory bodies to ensure consistent and effective enforcement of digital policies. As the investigation into X’s compliance with the DSA progresses, the outcome will undoubtedly influence future regulatory approaches to digital platforms in the EU and beyond, setting precedents for the balance between regulation, free speech, and platform responsibility.