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EU Commission Refutes Allegations of Sending ‘Harmful Content’ Letter to Elon Musk


A spokesperson clarified that there was no official coordination regarding the letter, which was sent before Musk’s interview with Trump on Monday.

The European Commission has denied involvement with its internal market regulator’s decision to send a warning letter to Elon Musk, owner of X, before his platform’s interview with former President Donald Trump.

On Monday, EU Commissioner for the Internal Market, Thierry Breton, sent a letter to Musk and X CEO Lina Yaccarino regarding the Trump broadcast that evening.
“With great audience comes greater responsibility,” Breton wrote in a post accompanying the letter on X.

“As there is a risk of amplification of potentially harmful content in connection with events with major audience around the world, I sent this letter to [Elon Musk].”

European Commissioner for the Internal Market Thierry Breton communicates on the EU’s 5G plan, in Brussels, Belgium, on Jan. 29, 2020. (Alexandros Michailidis/Shutterstock)
European Commissioner for the Internal Market Thierry Breton communicates on the EU’s 5G plan, in Brussels, Belgium, on Jan. 29, 2020. (Alexandros Michailidis/Shutterstock)

‘Neither Coordinated Nor Agreed’

“The timing and the wording of the letter were neither coordinated nor agreed with the president nor with the [other commissioners],” EU deputy chief spokesperson Arianna Podestà said in a press briefing Tuesday.

Podestà mentioned that the letter from Breton was “general in nature” and referenced the Digital Services Act (DSA), which has specific rules for large online platforms.

“I believe that the letter, I have it here in front of me, it was really of a general nature, and the reference at the top to the interview was an example of a large event that, of course, attracts a lot of media users and can potentially have important spillovers in the EU,” she added.

In the letter, Breton told Musk that regulations under the DSA “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.”

The European Commission has been investigating X since last year over alleged non-compliance with the DSA.

It said the investigation is due to areas “linked to dark patterns, advertising transparency and data access for researchers.” In previous warnings to Musk on separate issues, Breton warned that X could be fined up to 6 percent of annual revenue.

X has a section that enables an individual or an entity to notify it about content that is illegal under EU law or under the national law of an EU member state, in compliance with European Union law.

Digital Services Act

The DSA started applying to all online platforms in the EU in February.

At the time, Breton said that he encouraged “all Member States to make the most out of our new rulebook.”

“Effective enforcement is key to protect our citizens from illegal content and to uphold their rights,” he added.

The legislation is aimed at creating “a safer digital space where the fundamental rights of users are protected” with specific rules for very large online platforms and search engines.

However, critics—such as the think tank MCC Brussels—have concerns that the law enables Brussels to dictate what can or cannot be said online, with huge fines for social media companies if they fail to comply.

In a wider report on the subject published in May, MCC Brussels said that the EU uses a system that integrates EU institutions, NGOs and Big Tech into “one unholy alliance of unaccountable regulators of speech.”

Jacob Reynolds, the head of policy for MCC Brussels, told The Epoch Times that while the commission seems to be distancing itself from Breton, the DSA is still an EU flagship law.

“It seems that what they want to distance themselves from the letter because they don’t like the kind of fury that is kicked up, and maybe the letter is, kind of, Breton slightly overstepping,” he said.

“But they have initiated a procedure against Musk, that is very much under the purview of the European Commission,” he added.

He said that as much as there might be a “kind of attempted distance on the surface,” it’s very much the case that there is a “war on free speech” and “an empire of censorship” that is official EU policy.

The Epoch Times contacted the European Commission for a response to Reynolds’ comments.

Jack Phillips contributed to this report.



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