European Commissioner Thierry Breton on Monday warned X boss Elon Musk that the company could face penalties if it fails to stop the spread of illegal content.
Breton referred to the riots in Britain, which were sparked by misinformation related to a deadly knife attack.
Breton warned Musk that the EU is ready to “make full use of our toolbox”, including interim measures under the Digital Services Act, to protect EU citizens from “serious harm”.
The commission also told Musk and CEO Linda Yaccarino that the company could face penalties and sanctions in Europe if it does not stop the spread of illegal content, including content inciting violence and hate speech, on its social media platforms.
“I am writing to you in the context of recent events in the United Kingdom and in connection with the planned broadcast of a live conversation between a US presidential candidate and you on your platform X, which will also be accessible to EU users,” Thierry Breton, European commissioner for the internal market, wrote in a letter posted on X on Monday.
“We are monitoring potential risks associated with the dissemination of content in the EU that could incite violence, hatred and racism in conjunction with major political – or social – events around the world, including debates and interviews in the context of elections,” Breton wrote.
“Therefore I urge you to immediately ensure the effectiveness of your systems and report the steps taken to my team,” he said, according to CNBC.
After receiving the letter, Yaccarino called it “an unprecedented attempt to apply a law that applies in Europe to political activity in the United States.”
“This patronizes European citizens, and suggests that they are unable to listen to conversations and draw their own conclusions,” Yaccarino wrote on X.
The commissioner reminded Musk of the due diligence obligations set out in the EU's Digital Services Act (DSA) – which requires social networks and streaming media platforms to prevent the spread of hate speech and other harmful content on their platforms – amid X's investigation into potential breaches of the law.
Breton warned Musk that the EU is ready to “use the full range of its toolbox” to protect its citizens from “serious harm”.
Breton wrote that X Corporation has 300 million users worldwide (a third of which are located in the EU), so X is “designated as a very large online platform” and has a legal obligation to comply with European laws, and in particular the Digital Services Act.
Riots in Britain in recent weeks were sparked by misinformation spread on X-ray and other social media platforms, including that the perpetrator of an attack on children attending a dance class in an English town was wrongly identified as a refugee.
Since then, Musk has made a number of inflammatory comments about the UK's position on X. At one point, he suggested that the violence taking place on British streets could end in a civil war, writing, “Civil war is inevitable.”
Musk's comments have been condemned by British authorities. A spokesman for UK Prime Minister Keir Starmer said last week that there was “no justification” for such comments.
Musk also shared an image of a fake headline that appeared to come from “The Telegraph” newspaper's website, falsely claiming Britain was building a “detention camp” on the Falkland Islands for rioters.
She later deleted the photo, which was also posted by Ashley Simon, co-leader of the right-wing Britain First party.
UK officials were already criticising Musk before misinformation about the stabbing incident spread. In an interview published by the Times newspaper last week, the UK’s technology minister, Peter Kyle, said Musk was “accountable to nobody” and that dealing with platforms like his could be like negotiating with foreign governments “simply because they have a much bigger and bigger reach.”
The Commission, the EU's executive arm, last year launched an investigation into whether X had breached the DSA. The probe is still ongoing.
Breton said the EU “cannot rule out a possible spillover into the EU” from illegal content being distributed on X, even if it is in the context of cases from another jurisdiction.
The Commission also has the power to impose fines of up to 6 per cent of a company’s global annual revenue for violating the DSA.
The commission has previously accused X of breaking rules regarding dark patterns, which are deceptive tactics used by companies to get people to use or pay for certain products and services, advertising transparency and access to data for researchers.
Emmanuel Adeh
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