In open letters, organizations and scientists have expressed concern over statements made by EU Internal Market Commissioner Thierry Breton in relation to Elon Musk’s interaction with US presidential candidate Donald Trump on the X platform. “Your letter reflects a dangerous disregard for freedom of expression,” wrote think tank The Future of Free Speech, TechFreedom, Institute H21, Justitia and Sepos (Center for Political Studies). “This contradicts the design of the Digital Services Act (DSA) and indeed the spirit of a free and vibrant democratic culture.” Such an interpretation of the European platform law would “harm, not promote” civil discourse in the EU and around the world.
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In his controversial letter from mid-August, Breton reminded X owner Musk of his obligations as a platform operator in the EU under the DSA. The tech mogul must not only ensure the free exchange of ideas there, but — especially in light of recent unrest in Great Britain — also take steps against disinformation and hate. The French intervention in the US primary election campaign is “more characteristic of an autocratic nation than a democracy,” Think tanks now complain. Breton’s vague reference to “harmful material” is particularly troubling. Because freedom of expression can only be restricted under strict conditions. Courts interpret these requirements narrowly.
Breton also has support from the EU Parliament
civil rights organizations Access Now, Article 19, and the Electronic Frontier Foundation (EFF). Breton’s assessment was particularly poor, according to a joint statement“That a live interview with one of the two main presidential candidates in the US elections contributes to systemic risk under the DSA” and requires specific measures to comply. “Indeed, your focus on a specific streaming event raises fundamental rights concerns,” they told the commissioner. Freedom of expression and information are core principles of the DSA. The authors emphasize: “Even if you have concerns about this particular event, disseminating information that is highly timely and relevant for public discussion is not in itself a systemic risk.”
Activists are calling on the EU Commission to be guided by evidence rather than political sentiment when enforcing the DSA and to set a higher standard in protecting fundamental rights, including freedom of expression and information. The DSA only prescribes measures to remove illegal content. The Brussels government institution should therefore refrain from “generally demanding content-specific restrictions” as part of a systemic risk assessment. The official warning letter was probably “motivated more by political motives” rather than “careful consideration of the facts.” Manfred Weber, group leader of the conservative European People’s Party (EPP) in the EU Parliament, recently supported Breton: according to him, the DSA should be applied “clearly”: “In the EU, the rules are set by the Parliament, not Elon Musk by the Parliament.”
(MMA)
