In an interview on X, Elon Musk and Donald Trump engaged in a wide-ranging conversation that stretched for over two hours. The interview, which “[B]etween 7:47 PM and 10:47 PM ET… received 73 million views,” was a triumph for free and open discourse, if not necessarily riveting discourse.
But the Musk-Trump conversation also raised darker concerns of censorship. In the lead-up to the conversation, Thierry Breton, a European Commission official, posted a letter on X consisting of 10 full paragraphs of legal jargon concerning EU law, particularly the Digital Services Act (DSA), warning Musk of his obligation to comply with elements of the law dealing with misinformation.
In reality, the letter was a thinly veiled threat to Musk, complete with reminders that “formal proceedings are already ongoing against X under the DSA, notably linked to the dissemination of illegal content.” Curiously, the letter displays remarkable savvy in social media attention-getting, with Breton now surfing a massive wave of scorn and ridicule — exactly the kind of sentiment that drives post into viral territory.
But the letter also displays a worrying willingness by the EU — a body that, at least in the past, was a global champion of the right to free expression — to wade into murky waters. While the EU no doubt sees this action as a positive step in its role as the backbone of the emerging global information police force, others will surely see it as a case of astonishing government overreach. Worse still, that the EU should threaten Musk for interviewing a presidential candidate shows a desire to stifle debate and hints at institutional partisanship.
On its face, Breton’s letter is about ensuring compliance with European law. In reality, the letter represents a broader trend of state influence over digital platforms. The fact that “recent events in the United Kingdom” is referenced in the first sentence — before even mentioning the actual interview in question — reveals the power dynamic at work. Those recent events in the UK are the riots that swept the nation in the wake of the killing of three children — and the equally sweeping crackdown by the British authorities on people who expressed ideas or opinions found objectionable by the police. As the UK’s official government account warned just days before the Musk interview: “Think before you post.”
The effort to control information is not, in itself, illegitimate. While a broad interpretation of the constitutional right of freedom of speech has been enshrined by two centuries of American case law, the same is not true in Europe, where there is a markedly different stance on the issue. The real problem in this case, however, is the appearance that laws like the DSA are being used in service of influencing an election.
This was underlined in the US when a reporter at the Washington Post echoed the Breton line by asking Biden’s press secretary if the administration planned to “intervene” in the Musk-Trump interview. As with Breton’s letter, the Post reporter’s rationalisation was that there could be “misinformation” spread by the interview. The fact that the press secretary “welcomed” the reporter’s concern, instead of reminding him that doing so would be a grave violation of electoral norms, underscores the point.
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