EU Issues Warning to Elon Musk Over ‘Illegal Content’

Elon Musk’s platform needs to take action against so-called ‘illegal content’ and ’misinformation' related to the Israel-Hamas war, an EU official wrote.
EU Issues Warning to Elon Musk Over ‘Illegal Content’
Tesla CEO Elon Musk in a file photo in 2019. REUTERS/Aly Song
Jack Phillips
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A top European regulator demanded Elon Musk remove “misinformation” and “illegal content” about the Israel-Hamas conflict from the billionaire’s social media website, X.

Thierry Bretton, the European Commissioner for the European Union’s internal market, issued a warning to Mr. Musk last week in a letter that was posted X last week and accused the platform of not blocking posts around the conflict. He said that regulations about “illegal content” could lead to penalties, including a 6 percent reduction of the firm’s annual revenue.

Groups are spreading alleged misinformation and “violent and terrorist” content on the platform, he said.

“Following the terrorist attacks carried out by Hamas against Israel, we have indications that your platform is being used to disseminate illegal content and disinformation in the EU. Let me remind you that the Digital Services Act sets very precise obligations regarding content moderation,” Mr. Breton wrote in the letter.

The X platform needs to be “ very transparent and clear” on the content that is allowed under the terms and conditions and “enforce your own policies,” it said. “We have, from qualified sources, reports about potentially illegal content circulating on your service despite flags from relevant authorities,” the letter said, without naming the sources or posts.

The EU regulator then demanded X, formerly known as Twitter, respond to his letter within 24 hours. So far, Mr. Musk hasn’t released a public statement about the matter.

Instead, X CEO Linda Yaccarino on Thursday released information about actions taken by X to go after certain types of content on the platform following the outbreak of the conflict on Oct. 7. The platform has removed hundreds of accounts associated with Hamas and has taken down thousands of posts after the attack on Israel, she said.

Thierry Breton, European Commissioner for Internal Market, speaks during a signature ceremony regarding the Chips Act at EU headquarters in Brussels, Belgium, on Feb. 8, 2022. (Virginia Mayo/Pool via Reuters)
Thierry Breton, European Commissioner for Internal Market, speaks during a signature ceremony regarding the Chips Act at EU headquarters in Brussels, Belgium, on Feb. 8, 2022. Virginia Mayo/Pool via Reuters
“X is proportionately and effectively assessing and addressing identified fake and manipulated content during this constantly evolving and shifting crisis,” Ms. Yaccarino said in a letter back to the EU.

The platform has been “responding promptly” and in a “diligent and objective manner” to takedown requests from law enforcement agencies from around the world, including more than 80 from EU member states, Ms. Yaccarino said.

Mr. Breton also sent letters on YouTube, Facebook, and TikTok to ramp up their targeting of content related to the conflict. Mr. Breton, the EU official, urged TikTok’s CEO to step up its efforts at tackling alleged disinformation and illegal content and respond within 24 hours.

Other Warnings

It isn’t the first time the EU regulator made a threatening comment to Mr. Musk about content policies. Earlier this year, Mr. Breton said that the platform still has “obligations” after he pulled out of the bloc’s “Code of Practice.”
“Twitter leaves EU voluntary Code of Practice against disinformation. But obligations remain. You can run, but you can’t hide,” Breton wrote in May. “Beyond voluntary commitments, fighting disinformation will be a legal obligation under #DSA as of August 25. Our teams will be ready for enforcement.” He was referring to the EU’s Digital Services Act.

At the time, Jacob Mchangama, a Danish historian, sounded the alarm about the Digital Services Act late last year, writing in an opinion article that the act would be a case of the “cure” being “worse than the disease.”

“But when it comes to regulating speech, good intentions do not necessarily result in desirable outcomes,” he wrote in the Los Angeles Times. “In fact, there are strong reasons to believe that the law is a cure worse than the disease, likely to result in serious collateral damage to free expression across the EU and anywhere else legislators try to emulate it.”

Although “removing illegal content sounds innocent enough,” the historian wrote that it’s not. That term—”illegal content”—is “defined very differently across Europe,” he said. “In France, protesters have been fined for depicting President Macron as Hitler, and illegal hate speech may encompass offensive humor,” while “Austria and Finland criminalize blasphemy.”

The Associated Press contributed to this report.
Jack Phillips
Jack Phillips
Breaking News Reporter
Jack Phillips is a breaking news reporter who covers a range of topics, including politics, U.S., and health news. A father of two, Jack grew up in California's Central Valley. Follow him on X: https://twitter.com/jackphillips5
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