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The EU's headache is compounded by the fact that in 13 days Musk will be a US government official.
Who would have imagined, ten years ago, if they had told him that the owner of one of the largest social networks in the world would support a new international reactionary movement and directly interfere in elections, including in Germany.
French President Emmanuel Macron's reference in a speech at the Elysee echoes the mood that has been building in Europe in anticipation of Elon Musk's announced live broadcast with Alice Weidel, head of the far-right AfD (Alternative for Germany) party.
X's owner's decision to host Germany's far-right leader in a live broadcast has angered leaders and MEPs, who yesterday called on Brussels to activate legal safeguards to curb intrusive efforts by the billionaire tech tycoon, an ally of closely and soon, to be the minister of Donald Trump.
In response, the European Commission warned that X's owner could indeed find himself in legal trouble, depending on whether and to what extent Thursday's live broadcast is deemed to unfairly promote the AfD over its opponents ahead of the election. on February 23 in Germany.
As the Commission is responsible for compliance with Europe's Digital Services Act (DSA), it is now within its jurisdiction to take legal action against X – which could range from a fine (6% of its global turnover of each platform), up to temporary blocking.
Unfair advantage?
The main problem Musk could face, under European digital services legislation, is not so much the content of the live chat, but the extent to which exposure to such a large platform and such a wide audience could give the AfD an abusive advantage against her political opponents in the run-up to the elections.
As former EU digital enforcement commissioner Thierry Breton warned on Saturday, Weidel "will gain a significant and valuable advantage" over its rivals. He called on Musk to comply with European legislation.
On a more practical level, as Green MEP Alexandra Geese says, Elon Musk's conversation with the head of the AfD in X is covered by freedom of expression. Even algorithmic manipulation, which deliberately floods German timelines on X with far-right propaganda and limits progressive content.
Asked to comment on whether the debate would unfairly promote Weide's political agenda, Commission for Digital Technology spokesman Thomas Rainier said there was nothing to prevent a platform owner or someone from hosting a live stream and to express his personal views, remembering however that the Commission plays the role of a digital regulator and that, for a year, the Brussels legal process for X's compliance with the Services Act Digital.
At war with Trump?
Taking legal action against a tech mogul can prove to be a difficult case in itself. However, the "headache" of the EU is aggravated by the fact that in 13 days Musk will be an official of the United States government.
" Musk should be seen as a proxy for the US president when he goes against the leadership of major European states, hitherto allies. Simply put, by threatening prosecution or even fines, the EU is now risking a major confrontation with the Donald Trump administration ," notes former lawmaker and Stanford University fellow Mariete Saake.
" Whether the European Commission chooses to take action will depend on a combination of techniques and political will," said Felix Karte, senior fellow at Germany's Mercator Foundation.
"The question is essentially whether EU leaders are ready to choose confrontation with the Trump administration before it officially takes office ," he explains.
Regardless of the political dimension, Carte argues that if Musk's planned exposure creates public risks, such as inciting illegal hate speech or undermining media pluralism, regulators could argue that X is inconsistent with risk mitigation under the DSA '.
But even within the European Parliament, pressure is being exerted to check the legality of Musk's actions, based on the DSA.
In a question to the head of the Commission's digital wallet and Breton's successor, Hena Virkunen, German MEP Damian Beselager expressed concern about Musk's possible use of a multiplier (ie content provision), which would mean that he "undermines the neutrality of algorithm for its own benefit".
"What I'm trying to find out is whether Musk is using the huge platform of information that he owns in ways that might limit the freedom of speech of others ," he noted.
The burden of deciding on legal action now falls to Hena Virkunen, who took over after Breton resigned last summer./ Adapted "Pamphlet" from "Kathimerini"
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