Members of the European Parliament are urging the European Commission to investigate Elon Musk‘s attempts to influence Germany’s February election. Musk recently expressed his support for AfD and used pejorative terms for German Chancellor Olaf Scholz. On Thursday, he will organise a livestream event with Alice Weidel, the leader of the extremist Alternative for Germany (AfD) party.
In a letter dated 4 January, German MEP Damian Boeselager, a co-founder of VOLT and a Greens member, inquired whether Musk’s use of platform X complies with the transparency requirements outlined in the Digital Services Act (DSA). He addressed the letter to the EU Executive Vice-President for Tech Sovereignty, Security and Democracy, Henna Virkkunen.
“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.
The Green MEP noted that this interference is only at the beginning. He asked whether the Commissioner’s team would follow these matters “to protect fair and free elections in Europe.”
Boeselager wrote that there are indications that the owner of X hard-coded a multiplier into the platform’s code.
“This would mean,” highlights Boeselager, Musk “undermined the neutrality of the algorithm for the benefit of his own reach.”
X is a large information platform, as described by the DSA.
Thus, “it can potentially influence German citizens … since he is voicing his opinion on German elections matters.”
A pressing question
In his letter, MEP Boeselager asks the Commissioner if the Commission has been made aware of this hard-coded multiplier or if there is no indication of its existence.
Further, the Green MEP asks if, in case the Commission identify such a multiplier, this constitutes a severe risk of foreign interference and “hence potentially a threat triggering a crisis response under Article 36 of the DSA.”
The Commission follows the case
Although there is no indication that the Commission has responded to Boeselager’s letter, a spokesperson for the EU executive stated on Monday that the institution will analyse whether Musk’s live conversation with the German far-right leader violates the EU’s platform rules. This review is part of an ongoing investigation into X.
The Commission initiated formal proceedings regarding X’s compliance with DSA in December 2023, citing suspected breaches in areas such as civic discourse. This investigation is still ongoing.
The spokesperson clarified that nothing in the DSA prohibits any platform from hosting a live stream or expressing personal opinions.
“What is very clear is that we will look at in the context of the current proceedings is whether the platform operates within the legal boundaries of the DSA and if it has assessed the risks,” the spokesperson added.
