The European Commission announced on Friday that it is intensifying its investigation into Elon Musk's social media platform, X, over potential breaches of the European Union's content moderation rules under the Digital Services Act (DSA). This move comes just days before U.S. President-elect Donald Trump's inauguration, adding a layer of geopolitical complexity to the ongoing scrutiny of big tech companies.
The investigation, which began in December 2023, has been escalated with a request for X to provide internal documentation about its content recommender system by February 15. The EU is also seeking details on any recent changes to the platform's algorithms. Additionally, the Commission has issued a "retention order," requiring X to preserve internal documents and data on algorithm design and content moderation changes from January 17 through the end of 2025.
"Today we are taking further steps to shed light on the compliance of X's recommender systems with the obligations under the DSA," said Henna Virkkunen, the EU's digital chief. The investigation focuses on whether X's algorithms amplify specific narratives while suppressing others, which could pose risks to democratic processes, particularly in election contexts.
Elon Musk, an outspoken advocate of free speech, has frequently clashed with EU regulators. His recent endorsement of Germany's far-right Alternative for Germany (AfD) party and Britain's Reform party has sparked accusations of meddling in European elections. German Chancellor Olaf Scholz criticized Musk's actions, stating, "He supports the far right across Europe-in the UK, Germany, and many other countries. This is something that is completely unacceptable and endangers the democratic development of Europe."
Musk has dismissed the criticism, calling it "an affront to democracy and free speech." He has defended his right to engage in political discourse, including hosting a live-streamed conversation with AfD's co-leader, which drew sharp rebukes from European politicians.
The Commission's investigation comes at a politically charged moment, with President-elect Trump set to take office on Monday. Trump, who has been critical of EU regulations, is seen as an ally by several U.S. tech leaders, including Musk. Trump's stance has emboldened other tech CEOs, such as Meta's Mark Zuckerberg, who recently pledged to collaborate with the new administration to challenge European policies on censorship.
The DSA, central to the EU's regulatory framework, aims to curb illegal content, including hate speech and election interference. The Commission is particularly focused on X's compliance with these rules, including the risk of systemic content amplification that could undermine fair elections.
The ongoing probe has drawn attention to Musk's broader influence in Europe. Critics have accused him of leveraging his platform to sway public opinion and political outcomes. "These steps will allow the Commission services to take all relevant facts into account in the complex assessment under the DSA of systemic risks and their mitigation," the Commission stated.
Adding to the tensions, recent reports indicate that Meta has scaled back its U.S. fact-checking programs, with Zuckerberg emphasizing a push against global censorship. Meanwhile, Musk's controversial actions in Europe have highlighted the growing friction between Silicon Valley's tech giants and the EU's regulatory ambitions.
As the investigation continues, the Commission has requested direct access to certain technical interfaces on X to further evaluate its content moderation practices. The results of this expanded probe could have significant implications for the platform's operations in Europe, where compliance with the DSA is mandatory.
