Translated by Francesca Valsecchi
European Union vs X: from the fine to the diplomatic crisis with the USA
The tension between Brussels and Elon Musk’s technological giant has reached a point of no return. What started as an administrative sanction, has rapidly turned into an open war, fought with digital retorts, strong attacks and diplomatic accidents, which now involve the leaders of the future American administration too.
The historical sanction and Brussels accusations
Everything started on Friday, December 5, a date that marks a watershed in the regulation of the web: the European Commission has issued its first official non-compliance decision under the Digital Services Act (DSA): the EU regulation which introduces rules for the digital “Far West”. The fine adds up to €120 million. The EU advances precise reasons: X violated the transparency obligation through a deceptive design of the so called “blue checkmarks” (used for verified accounts), through the lack of transparency of its advertising repository and through the failure to provide access to public data for researchers. To this already compromised situation, a parallel inquiry referring to the dissemination of illegal content on the platform adds up.
Musk’s retort: the account of the EU has been deactivated
The platform’s response was swift and drastic. X leaders deactivated the European Commission’s advertising account, paradoxically accusing the regulatory body of having violated the guidelines of the social media. Nikita Bier, X’s Head of Product, explained the move affirming that Brussels had taken advantage of a technical exploit in the advertising system (Ad Composer) as to post a link that misled users into thinking it was a video and to artificially increase its reach. Elon Musk added that, even though the platform guarantees freedom of speech to everybody, the European Commission is not above the rules and: «your advertising account has been closed because you seem to believe that the rules should not apply to your account».
The ideological escalation: the “Fourth Reich”
The dispute then took on violent and ideological tones. Elon Musk attacked the continental institutions, interacting with a post that compared the European Union to the “Fourth Reich”, together with an image overlapping a swastika and the European Union flag. He not only shared the post, but it also called on the abolishment of the Union itself, supporting the need of giving sovereignty back to the individual member states, so that governments can better represent their citizens.
The American front and the defence of Europan autonomy
The event crossed digital borders to become a geopolitical case. Key figures of the American presidency took Elon Musk’s side. Marco Rubio, Secretary of State, defined the European action a direct attack on American platforms and citizens, conferring the “end of the days of censorship”. Along the same side, Vice President JD Vance defined the fine as a punishment for failing to align with censorship, inviting Europe to supporting free speech instead of attacking American companies over “garbage”. This is a support that Musk said he greatly appreciates.
In front of these pressures, Brussels strongly reaffirmed its independence. A spokesperson of the European Commission stated that the decisions referred to Europe are exclusively taken by the European institutions, as to protect the rules-based international order and the continent’s regulatory autonomy. While recognising the importance of the transatlantic alliance, the EU does not seem willing to back down on the observance of its own laws.
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