European Union, through the European Commission, has issued a warning to X owner Elon Musk over a scheduled interview with Donald Trump.
In a letter to Musk dated August 12, 2024, Thierry Breton, a member of the European Commission says the live stream might increase the risk profile of X and generate detrimental effects on civic discourse and public security.
“I am writing to you in the context of recent events in the United Kingdom and in relation to the planned broadcast on your platform X of a live conversation between a US presidential candidate and yourself, which will also be accessible to users in the EU,” the letter read in part.
“I am compelled to remind you of the due diligence obligations set out in the Digital Services Act (DSA), as outlined in my previous letter. As the individual entity ultimately controlling a platform with over 300 million users worldwide, of which one third 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.”
Warning to Musk
Breton has warned Musk to ensure 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.
“This is important against the background of recent examples of public unrest brought about by the amplification of content that promotes hatred, disorder, incitement to violence, or certain instances of disinformation. It also implies informing EU judicial and administrative authorities without undue delay on the measures taken to address their orders against content considered illegal, according to national and/ or EU law, taking timely, diligent, non-arbitrary and objective action upon receipt of notices by users considering certain content illegal, informing users concerning the measures taken upon receipt of the relevant notice, and publicly reporting about content moderation measures,” the letter added
“In this respect, I note that the DSA obligations apply without exceptions or discrimination to the moderation of the whole user community and content of X (including yourself as a user with over 190 million followers) which is accessible to EU users and should be fulfilled in line with the risk-based approach of the DSA, which requires greater due diligence in case of a foreseeable increase of the risk profile.”
This comes at a time when formal proceedings are already ongoing against X under the DSA, notably in areas linked to the dissemination of illegal content and the effectiveness of the measures taken to combat disinformation.
Breton says EU will be 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.
“Let me clarify that any negative effect of illegal content on X in the EU, which could be attributed to the ineffectiveness of the way in which X applies the relevant provisions of the DSA, may be relevant in the context of the ongoing proceedings and of the overall assessment of X’s compliance with EU law. This is in line with what has already been done in the recent past, for example in relation to the repercussions and amplification of terrorist content or content that incites violence, hate and racism in the EU, such as in the context of the recent riots in the United Kingdom,” Breton added.
Breton says the EU will be vigilant to any evidence that points to breaches of the DSA and will not hesitate to make full use of its toolbox, including by adopting interim measures, should it be warranted to protect EU citizens from serious harm.
Musk is due to interview Trump on the X social media network on Monday at 8 pm Eastern Time (3:00 am Tuesday EAT).
