European Commission: Musk may express an opinion – Investigations against X are underway

Brussels – Posts for the right-wing populist party Alternative for Germany (AfD) by US billionaire Elon Musk on his platform X are according to the European Commission his right. The AfD is classified and monitored by the Federal Office for the Protection of the Constitution, the German domestic intelligence service, as a suspected case of right-wing extremism.

Everyone has the right to express their opinion, it says in a letter. “A right protected by the Charter of Fundamental Rights.” Nevertheless, the Commission is investigating X.

In December, conservative CDU members of the European Parliament urged the EU Commission to investigate the visibility of Musk’s posts on X. Musk previously wrote to his over 200 million followers: “Only the AfD can save Germany.” This caused a stir in the Bundestag election campaign. Moreover, numerous users reported seeing Musks content in their feeds, even though they did not follow him or actively engaged with his posts. 

Proceedings against X have been underway since the end of 2023

This raised the question of whether these practices violate the so-called Digital Services Act (DSA). According to this EU law, Tiktok, Facebook, X, Google, and many others must act faster and more strictly than before against illegal content on the internet – otherwise, they face severe penalties.

“We are aware that this particular use of the platform has caused concerns,” the responsible commissioners Henna Virkkunen and Michael McGrath now replied. Also concerning compliance with the DSA, it continued.

Proceedings against X have been ongoing since the end of 2023 for this reason. In July 2024, the EU Commission presented the platform with preliminary findings of possible DSA violations. “Since then, X has had the right to access the file and submit statements, which are currently being reviewed.” The Commission is determined to resolve the case “promptly and legally impeccable.” (January 8)