What are you waiting for, Brussels?
Elon Musk’s decision to host German far-right leader Alice Weidel in a livestream on X is igniting outrage from European Union leaders and lawmakers. On Monday, they urged Brussels to utilize its full legal power to rein in the billionaire tech magnate.
The European Commission responded, indicating that the SpaceX founder and an incoming member of the Trump administration could face legal consequences under the EU’s new digital rulebook. This depends on whether the Thursday livestream is interpreted as providing Weidel an unfair advantage over her opponents ahead of Germany’s Feb. 23 election.
Teaming up with Weidel is perceived as a provocative action across Europe, as members of her populist and anti-immigration Alternative for Germany (AfD) party have faced accusations of whitewashing and trivializing Nazi crimes for years. Currently, the AfD is polling in second place.
French President Emmanuel Macron swiftly criticized Musk for his vocal support of the AfD, stating, “Ten years ago, who could have imagined that the owner of one of the largest social networks in the world would support a new international reactionary movement and intervene directly in elections, including in Germany?” This was articulated during a speech at the Elysée Palace.
The European Commission is now under pressure to act, as it is responsible for enforcing Europe’s Digital Services Act, which oversees social media platforms like X and imposes hefty fines of up to 6 percent of global turnover, or even temporary bans for breaches.
Unfair Advantage
The main legal challenge Musk faces under the DSA is less about the content itself and more about how exposure on a platform as vast as X could grant the AfD an unfair public edge over its competitors before the election.
Former EU digital enforcer Thierry Breton stated on Saturday that Weidel stands to gain a “significant and valuable advantage” over her rivals and reminded Musk of his obligations under EU social media law.
German Greens MEP Alexandra Geese articulated the issue succinctly: “Elon Musk chatting with AfD leader Alice Weidel on X is covered by freedom of expression. However, his algorithmic manipulation, which intentionally floods German X timelines with far-right propaganda while suppressing progressive content, is not.”
When asked whether Musk could improperly elevate Weidel’s political agenda during Thursday’s livestream, Commission spokesperson Thomas Regnier highlighted the special responsibility that major platforms bear regarding content that could pose “risks for electoral processes.”
“How much is it or will it be boosted?” Regnier noted, pointing out that Brussels has been studying X’s compliance with the DSA for over a year.
Regnier further added that the Commission, German regulators, and X would convene for a roundtable on January 24 to discuss risks related to the upcoming February election.
Brussels has faced multiple confrontations with Musk, including a notorious incident where Breton received a meme from Musk instructing him to “f*** your own face.”
Political Will
Pursuing legal action against a significant tech figure like Musk presents challenges, further complicated by his impending role in the U.S. administration as head of the Department of Government Efficiency.
“Musk must be viewed as representing the U.S. president when he contests the leadership of vital European nations, which have been allies until now,” commented Marietje Schaake, a former member of the European Parliament and Stanford University fellow.
Simply put, by threatening investigations or fines, the EU risks entering a major conflict with the Washington administration.
“Whether the EU Commission decides to act will hinge on a mix of technical evidence and political will,” said Felix Kartte, a senior fellow at Germany’s Mercator Foundation. “The critical question is whether EU leaders are ready to confront the Trump administration before it has officially taken office.”
Despite the political complexities, Kartte contended that there may still be grounds for Musk to respond legally.
“If Musk’s orchestrated visibility creates public risks, such as amplifying illegal hate speech or undermining media pluralism, regulators might argue that X is failing its risk mitigation responsibilities under the DSA,” he added.
In the European Parliament, some members are advocating for Brussels to examine the legality of Musk’s actions under the DSA.
German European lawmaker Damian Boeselager raised concerns about Musk’s potential use of a multiplier for his content, suggesting that this could mean “he undermined the neutrality of the algorithm to enhance his own reach.”
“I’m trying to determine if Musk is leveraging a significant information platform he owns in ways that could restrict the freedom of speech of others by hard-coding a multiplier into his own reach,” he clarified in comments shared with POLITICO.
Other lawmakers have expressed their concerns regarding Musk’s use of X to amplify his own visibility, urging Brussels to investigate.
The responsibility of enforcing the DSA now rests with Henna Virkkunen, who succeeded Breton after his resignation last summer. Breton had faced pushback from his colleagues within the EU executive after addressing a letter to Musk warning him about potential consequences for favoring certain parties or figures.
Although Breton has left Brussels, he remains vocal about Musk’s actions.
He has reiterated his warnings to both Weidel and Musk regarding their upcoming livestream, urging his platform to “fully respect all its obligations under our EU law.”
