Elon Musk’s support for the far-right Alternative for Germany (AfD), its pejorative terms for German Chancellor Olaf Scholz, and attacks against the UK Prime Minister raised concerns among Members of the European Parliament (MEP) about potential foreign interference in the upcoming federal elections in Germany.
German MEP Damian Boeselager, co-founder of VOLT and a member of the Greens Group, wrote to EU Executive Vice-President Henna Virkkunen on 4 January, questioning whether Elon Musk’s use of platform X meets the transparency requirements of the Digital Services Act (DSA). He expressed concerns that Musk may have hard-coded a multiplier into the platform’s code, potentially undermining the algorithm’s neutrality to benefit his own reach. Boeselager emphasised that X could influence German citizens, given Musk’s opinions on German election matters, and asked whether the Commission is aware of the hard-coded multiplier or its potential existence.
“Many German and European citizens are increasingly concerned about the concentration of economic and political power in the hands of Elon Musk – especially since he seems to have no moral or other inhibitions to utilise his power to influence elections,” wrote Boeselager.
Commissioner Virkkunen replied today—MEP Boeselager posted her letter on X—writing that “anyone is entitled to express his or her opinion, a right protected under the Charter of Fundamental Rights.”
However, she notes that Musk’s “particular use of the platform has raised concerns, also in relation to X’s compliance with the Digital Services Act (DSA).”
The Commissioner explains in her letter that DSA poses specific obligations for providers of very large online platforms.
“Some of these obligations are already at the basis of the on-going investigations against X,” writes Virkkunen. “On 18 December 2023, the Commission opened formal proceedings against X to assess whether it may have breached the DSA, ia. relating to the deceptive design of its interface, notably in relation to the ‘blue checks’, risks linked to the dissemination of illegal content such as illegal hate speech and terrorist content, risks for civic discourse and electoral process, its notice and action mechanism, researchers’ access to public data and its advertising repository.”
The Commissioner also writes that on 12 July 2024, the European Commission “informed X of its preliminary findings that X is in breach of the DSA,” noting that the EC “is determined to advance with the case expeditiously and, while respecting due process, adopt a decision closing the proceedings as early as legally possible.”
Commissioner Virkkunen highlights the Commission’s determination to continue monitoring X’s compliance with all provisions of the DSA “as a matter of priority” and its willingness to “not hesitate to take enforcement actions where necessary with regard to any other suspicions not already under investigation.”
“Since proceedings are ongoing, the rest of the letter is vague,“ notes MEP Boeselager on X. “But I believe they will sue X once they have reviewed the evidence. Fair elections need safeguarding. We have rules for poster hanging and media coverage. These principles need to apply digitally as well.”
