Incendiary letter to Musk: Breton accused of "disregarding freedom of speech"

Organizations and academics have sent open letters expressing concern about statements made by EU Internal Market Commissioner Thierry Breton regarding Elon Musk's conversation with US presidential candidate Donald Trump on Platform X. "Your letter reflects an alarming disregard for freedom of speech", complain the think tanks The Future of Free Speech, TechFreedom, Institute H21, Justitia and Cepos (Center for Political Studies), among others. "It contradicts the design of the Digital Services Act (DSA) and indeed the spirit of a free and vibrant democratic culture." Such an interpretation of the European Platform Act, they continued, would "harm, not promote" civil discourse in the EU and worldwide.

In his controversial letter from mid-August, Breton reminded X owner Musk of his obligations as a platform operator in the EU under the DSA. The tech mogul must not only ensure the free exchange of opinions there, but – must also take measures against disinformation and hatred, especially in light of the recent unrest in the UK –. The Frenchman's interference in the US pre-election campaign is "more characteristic of an autocratic nation than a democracy", the think tanks are now complaining. Breton's reference to vague "harmful content" is particularly worrying. This is because freedom of expression can only be restricted under strict conditions. Courts interpret these requirements narrowly.

Breton also receives support from the EU Parliament

According to a joint statement, the civil rights organizations Access Now, Article 19 and the Electronic Frontier Foundation (EFF) are particularly offended by Breton's assessment"that a live interview with one of the two main presidential candidates in the US election contributes to a systemic risk under the DSA" and requires specific measures to comply with it. "Indeed, your focus on a specific streaming event raises fundamental rights concerns," they let the commissioner know. Freedom of expression and information are core principles of the DSA. The authors emphasize: "Even if you have concerns about this particular event, the dissemination of information that is highly topical and relevant to public discourse is not in itself a systemic risk".

The activists are calling on the EU Commission to be "guided by evidence, not political sentiment, and to set high standards for the protection of fundamental rights, including freedom of expression and information" when enforcing the DSA. The DSA only prescribes measures to remove illegal content. The Brussels government institution should therefore refrain from "generally demanding content-specific restrictions" as part of the systemic risk assessment. The official warning letter was probably "driven more by political motives" than by a "careful consideration of the facts". Manfred Weber, group leader of the conservative European People's Party (EPP) in the EU Parliament, however, recently backed Breton: According to him, the DSA must be enforced "plainly and clearly": "In the EU, the rules are set by Parliament and not by Elon Musk."

(vbr)