A European Union official threatened X (formerly Twitter) with potential legal action over X owner Elon Musk’s interview with former President Donald Trump.
EU commissioner Thierry Breton issued a letter obliquely referring to tonight’s interview and warned of potential major legal action if “any negative effect” from the interview is deemed “illegal” by the EU. “My services and I will be extremely vigilant to any evidence that points to breaches of the DSA and will not hesitate to make full use of our toolbox, including by adopting interim measures, should it be warranted to protect EU citizens from serious harm,” Breton ominously wrote.
In the Monday letter addressed to Musk and Ccing X CEO Linda Yaccarino, Breton noted that the X platform was “doing a stress test,” which Musk conducted specifically in preparation for the much-anticipated Trump interview. Breton lectured, “I am compelled to remind you of the due diligence obligations set out in the Digital Services Act (DSA) … As the individual entity ultimately controlling a platform with over 300 million users worldwide, of which one third [are] in the EU … you have the legal obligation to ensure X’s compliance with EU law and in particular the DSA in the EU.”
The commissioner dared to praise “freedom of expression,” before immediately demanding “effective mitigation measures” to prevent the amplification of so-called harmful content in connection with live streaming, to prevent “detrimental effects on civic discourse and public security.” The DSA applies to the entirety of X’s user base, not just Europeans, Breton asserted.
Breton did not clarify how the interview might be detrimental or violative of the DSA. Breton further demanded Musk inform EU officials about “measures taken to address … content considered illegal.”
After babbling about so-called “content moderation” (i.e., censorship) and the necessity of X’s quick action on any reports of allegedly illegal content, Breton reminded Musk that X already faces “formal proceedings” under the DSA.
Simply because the interview will be “accessible to EU users” Breton justified his officious zeal in supposedly stopping “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.” Again, Breton never explained how Musk’s interview with Trump could trigger dangerous racism and violence.
Yaccarino responded to Breton by pointing out he was overextending the legal reach of the DSA and preventing EU citizens from forming their own opinions. “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,” she posted.
Yaccarino wasn’t alone. Sen. Ted Cruz (R-TX) also responded, calling the letter from the EU official “Utterly insane.”
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