MIL-OSI Europe: Answer to a written question – Actual or foreseeable negative effects of Elon Musk’s statements on civic discourse, electoral processes and freedom and pluralism of the media under the DSA – E-000191/2025(ASW)

The Digital Services Act (DSA)[1] does not regulate what is legal or illegal content, or individual expressions or statements online which are protected by the right to freedom of expression, as enshrined in Article 11 of the EU Charter, within the boundaries defined in applicable EU or national laws.

The Commission has opened ten proceedings against designated very large online platforms under the DSA, including against X for suspected breaches of the DSA, regarding a suspected lack of compliance with, amongst others, Articles 34(1) and (2) and 35(1) DSA.

These provisions oblige providers of designated very large online platforms and online search engines to diligently identify, analyse and assess systemic risks, and put in place effective mitigation measures.

The current investigations against X comprise risks linked to civic discourse and elections in the EU, including risks stemming from the design and functioning of its algorithmic systems[2].

On 17 January 2025, the Commission ordered the provider of X[3] to preserve internal documents and information regarding the future design and functioning of its recommender algorithms while also requesting internal documentation on its recommender system relating to past changes, and to grant access to certain technical interfaces (APIs) to allow direct fact-finding on content moderation and virality of accounts.

These measures will allow the Commission to take all relevant facts into account when assessing X’s compliance with the DSA . All actions related to ongoing investigations are confidential until publicly communicated.

• [1] Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), OJ L 277, 27.10.2022, p. 1-102.
• [2] https://digital-strategy.ec.europa.eu/en/policies/list-designated-vlops-and-vloses
• [3] https://digital-strategy.ec.europa.eu/en/news/commission-addresses-additional-investigatory-measures-x-ongoing-proceedings-under-digital-services