Weidel-Musk X interview legal but could influence Commission’s DSA investigation

The interview between far-right AfD leader Alice Weidel and Elon Musk set to be livestreamed on X is not illegal under EU content moderation rules, but it may impact the ongoing investigation into Musk's X, a Commission spokesperson said on Monday.

On Friday, tech billionaire Elon Musk announced plans to hold and livestream the interview on his own social media platform on Thursday. 

X is the subject of a Commission investigation, with the EU executive informing X of its preliminary findings in July 2024, indicating a breach of the EU’s content moderation law, the Digital Services Act (DSA).

“Freedom of expression is at the core of our democracy," a Commission spokesperson told a press briefing on Monday, adding that the interview was not per se illegal under the DSA.

"In the context of the current X proceedings, the Commission will look into the systemic risks that can come from certain practices on the platform, including the boosting or the recommender systems, of this live-streamed interview," the spokesperson added.

Since Musk acquired Twitter (now X) in April 2022, there have been growing concerns about the special perks he has given himself, such as the ability to algorithmically boost his posts.

If the Commission finds evidence that Musk has been boosting his posts and thus influencing EU users by promoting disinformation or manipulating elections, that could shape the ongoing investigation against X. 

Europe increasingly concerned over Musk's influence 

These concerns were echoed by Norway’s Prime Minister Jonas Gahr Støre (Labour) in an interview with NRK radio on Monday.

Former DSA-lead enforcer Thierry Breton, who as comissioner had several run-ins with Musk, addressed the concerns about the livestream interview on X on Saturday.

The interview would provide Weidel “a significant and valuable advantage over [her] competitors," said Breton.

However, according to the Commission spokesperson, X - as a social media platform and not a broadcaster - does not have to give equal airtime to all parties.

“What we want is that the owner of the platform and the platform provider make sure that the platform is not misused or giving preferential treatment,” the spokesperson added.

The Commission services, together with the German content moderation authority Bundesnetzagentur, large platforms, including X, and civil society organisations, are set to meet at a roundtable on 24 January to discuss risks ahead of the German elections, the spokesperson added. 

Under the DSA, X could be fined up to 6% of its global turnover.

[Edited by Daniel Eck]