EU Official Tweets a Warning to Elon Musk

(Bloomberg) — Elon Musk vowed to prioritize free speech as Twitter Inc.’s new owner, but a senior official from the European Union has warned the world’s richest person will still have to contend with the region’s strict content rules, just like any other social media company.

“Be it cars or social media, any company operating in Europe needs to comply with our rules–regardless of their shareholding,” said Internal Market Commissioner Thierry Breton, in a tweet Tuesday. “Mr Musk knows this well.”

In an interview with Bloomberg, Breton also added that Twitter will need to do more to combat hate speech, harassment and revenge porn. 

Large platforms like Twitter, “they will have to have more moderators, they will have to make sure that all the moderators will speak the language in the country where they operate,” said Breton. 

The EU approved the Digital Services Act over the weekend, giving European governments new power to take down illegal content, and demand platforms do more to tackle harmful content.

Possibly even more crucial is the DSA’s requirement that companies like Twitter submit annual reports to the EU detailing how they’re handling systemic risks posed by harmful content such as racist comments or posts that glorify eating disorders.

Musk’s $44 billion purchase could spark a change to how Twitter mediates content disputes, eschewing rapid take-downs in favor of promoting a broadly open platform.

“Free speech is the bedrock of a functioning democracy, and Twitter is the digital town square where matters vital to the future of humanity are debated,” Musk said in the statement on Monday announcing his takeover.

Twitter has become more active in flagging and taking down content in recent years due to increasing public scrutiny. The platform famously banned former U.S. President Donald Trump from the site last year for inciting violence. The move provoked condemnation from conservatives in the U.S., who argued the ban hindered free speech. 

Musk Wants Free Speech on Twitter After Years Silencing Critics

The EU’s penalties will be severe for companies it concludes aren’t moderating content effectively, including demanding a platform change its algorithms. Lawmakers have long battled big tech firms to make it clearer why their platforms make certain decisions. Here, Musk and the EU may be aligned. The Tesla CEO has said Twitter’s algorithms should be open-source and more transparent.

There’s also the prospect of major financial penalties if Musk and the EU disagree. If the company doesn’t comply with the DSA, the EU can issue fines of as much as 6% of a company’s annual revenue and even ban the platform from operating in the bloc.

“It’s not us to adapt with a new evolution to a platform,” said Breton. “It is the platform, whatever the evolution, to make sure that they will respect our rules from now on, and thats a big change of paradigm.”

Read more: Tech Giants Face Landmark Fines Under EU’s New Content Rules 

Musk’s divergent opinion to EU lawmakers over free speech has already been apparent in their approach to the war in Ukraine. The EU has issued blocks against Russian-state media RT and Sputnik operating in the bloc. Although these were sanctions rather than the EU’s content rules in action, Brussels has shown it’s not afraid of forcing platforms to take action in emergencies.

Musk called himself a “free speech absolutist” in March when he tweeted that Starlink — SpaceX’s satellite-based internet service — wouldn’t block Russian state-run news sources, which were cut off by some social media platforms at the time.

EU lawmakers are already bracing for Musk’s changes to Twitter. Christel Schaldemose, the lead parliamentarian in charge of the DSA, tweeted that Musk “will change” Twitter by making it “‘more free.’” But she warned they will likely have to do more to mitigate risks on the platform.

Some researchers argue though that the impact of the DSA will be limited on Musk’s free speech plans. Twitter’s current terms of use prohibit a range of content not necessarily illegal, for example, expressing a wish that someone dies or posting excessively violent content, said Zach Meyers, a senior researcher at the think tank Centre for European Reform.

“Twitter would be free to loosen its current content moderation policies while still complying with the DSA — for example, by reversing the ban on Trump,” Meyers said.

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