How is the EU's attempt to get Elon Musk to follow the rules going? Judging by the memes, it's not going well.
You may recall that the X owner previously told his advertisers to “fuck off,” so it’s perhaps unsurprising that he’s flipping the bird to Thierry Breton, the EU’s Digital Services Act (DSA) compliance commissioner. Musk on Monday referenced (and yelled) a line from the film Tropic Thunder, in which Tom Cruise, who is barely recognizable as studio executive Les Grossman, says, “Step back and literally fuck your face!”
The same film also features another (much-meme-ized) line from Musk that is intended to remind viewers of the comedy aspect of his interactions with EU regulators: “Never, ever, ever regret it.” (Notice Musk’s emphasis on the negative when he claims in the same post about X that he “would never do something so rude and irresponsible.” Ahem.)
The negative returns for X are only real if it alienates the EU, as the Commission has the power to impose fines of up to 6% of annual global turnover for non-compliance with the DSA. The bloc already suspects X of violating its online governance rules. In July, it reported its preliminary findings on some of the issues it was investigating X, stating that the platform’s blue-check system was an illegal dark pattern and that X also had major transparency issues.
DSA has been conducting a second investigation into X since December, looking at how it responds to illegal content and the risk of spreading misinformation, including information related to the Israel-Hamas war.
Following the recent civil unrest in the UK, the Commission warned that misinformation spread on X in relation to violent riots in parts of the UK could have implications for the DSA. This ongoing and extensive investigation therefore clearly amplifies the regulatory risk to X in the EU.
Still, Musk may think that since he has done such a powerful job of destroying X’s revenue (by alienating advertisers, for example), the possibility of losing some of his remaining money to EU fines is no longer scary. That’s billionaire logic! (Well, you can never be a billionaire, right?)
Breton’s open letter to Musk was posted on X late Monday local time, ahead of an upcoming live-streamed interview between Musk and former U.S. President Donald Trump, which likely won’t help the committee’s propaganda campaign against the mercurial billionaire.
First, the letter reads like a draft in dire need of major editing. There are so many words that it is not immediately clear what the EU’s point is. Ironically, the letter risks being misconstrued as an attempt to censor speech about X.
Second, the Commission seems to be confusing the events in a rather bizarre way. Breton prefaced his letter by saying he was writing to Musk about “recent events in the UK” and the upcoming Trump interview. It’s unclear how the EU would view any attempt to suggest a connection between the two events.
Inciting violence and hate speech is likely to be considered illegal content in any EU market where the DSA applies. On the other hand, an interview with Trump might be a very boring listen, but it is not illegal in itself.
In essence, the EU letter reminds Musk of his legal obligations under the DSA to mitigate risks on his platform related to the spread of illegal content (such as posts that incite hatred, violence, or civil unrest). It also addresses the risks posed by misinformation that could cause social harm, such as inciting civil unrest or undermining national security.
Given the timing of the letter, the EU was probably worried that Trump would talk about the riots in Britain and hint at “civil war,” as Musk did last week.
But that didn’t happen, according to an interview with Politico. Musk tried to get Trump to attack the EU over censorship, but the effort failed as Trump focused on his own work and blamed the EU for trade tariffs.
In particular, the letter warns Musk that his account on X follows DSA regulations, and explicitly mentions his personal influence on X as a “user with over 190 million followers.”
It's a clear attack on Musk, with the EU warning him that he has been using his account to amplify divisive narratives surrounding civil unrest in the UK and that he will face disciplinary action from the DSA if he doesn't stop inciting local rioters.
“We are monitoring potential risks in the EU related to the distribution of content that could incite violence, hatred and racism in connection with major political or social events, including debates and interviews related to elections,” Breton wrote.
The EU Commissioner further provided that “any negative impact on X of illegal content in the EU that can be attributed to ineffectiveness in the way X applies the relevant provisions of the DSA may be relevant in the context of the ongoing proceedings and the overall assessment of X’s compliance with EU law.”
Musk hit back at Breton with an insulting meme, then responded to Trump's interview by accusing the EU of abusing its power, claiming it was trying to censor the views of people outside the bloc.
However, since X's content is clearly visible to EU users, it falls under the DSA, regardless of whatever political agenda Musk may be pursuing here.
The EU’s letter to Musk includes an additional stab in the form of a sharp reminder that so-called “temporary measures” can be used to crack down on non-compliance. Fines aren’t the only game in town. The DSA gives the commission the power to order changes to platforms to address urgent threats, such as removing infringing content or temporarily blocking access to entire services.
So basically, an EU-wide shutdown of X is a reminder that Musk could be in trouble if he doesn't embrace the bloc's program and the DSA doesn't comply.
For someone like Musk, who values free speech as an absolute—his stated ambition for X is to own a global city square—the threat of being excluded from a market of 450 million people might be more hesitant than the prospect of paying a fine of tens of millions of dollars. That’s billionaire logic, too.
