It is not an everyday occurrence to see one of the richest people in the world fighting in public online with an EU Commissioner. But it can happen when we are talking about two people with great confidence and boundless ambitions. The resourceful, busy Elon Musk no special recommendations are needed. His activities extend from the internet to outer space, and he has recently entered politics for good, standing almost fanatically on his side. Donald Trump.

Thierry Breton, France’s EU commissioner for the internal market, has secured assurances from President Macron that he will again be his country’s representative at the Commission for the next five years and is vying for a stronger portfolio. Evil tongues say that he is more attracted to the “dossier” of the digital economy. What better way than to set up a fight on issues of freedom of expression on the internet and with such a famous and powerful rival, a giant of the space?

Complex digital services

Learning of Musk’s intention to organize on his now-own platform X a dialogue with Trump, Breton sent him a letter, which of course he made sure to make known, asking him to ensure that the conditions contained in ( legal) EU Digital Services Act (DSA). The style of the letter, but also the timing, angered the billionaire, who automatically replied (where else?) to X that it would be good if Mr. Commissioner looked at his work.

The terms of the DSA essentially seem to have emerged with an eye on the big American internet platforms X, Facebook, Instagram and for people like Musk they are something of a declaration of “culture war” between the EU and the US.

The relevant framework tries to pay attention to issues of freedom of speech, but also keeping in mind the fight against fake news and especially the protection of minors from misleading information and services on the internet. The experience of exploitation of such online tools by demagogues in a number of countries, with the most recent and extreme example being the spread of fake information before the recent riots in Britain, has naturally alarmed politicians worldwide. However, there are huge differences in the approach between Europe and the US, which become chaotic when we talk about Trump’s America. There are organizations close to the former Republican president, who consider European liberalism too extreme and the EU something like an improved version of the Soviet Union.

A personal initiative

However, Breton’s initiative to express encouragement to Musk was probably his own idea. It was certainly not done on behalf of the EU, since Commission President Ursula von der Leyen has shown that she prefers to avoid such politically costly moves. It is indicative that until now she has avoided positioning herself for the Musk-Breton conflict. Even so, not even the DSA will be able to curb the mass use of offensive, often venomous speech on the internet. How long can one express themselves “unmolested” in this relatively new public space, the internet? The protection of freedom of opinion is sacrosanct and its interpretations can be greatly expanded if necessary. For example, the assessment that Britain is in a state of civil war, expressed by Musk after the riots in Southport, although it is considered that it may have instigated further escalation, is considered a mere expression of opinion. And after all… X is his, he can speak his mind.

In the target of the Commission

No matter how detailed some issues are described in the context of DSA, there are many subjective factors that enter into the evaluation of specific posts each time. However, platform X has been targeted by the Commission for months, which it considers to be extremely lax in relation to violent rhetoric and the transmission of fake news. In a first evaluation, the Commission has come to the assessment that X does not comply with the basic specifications of the DSA. A final verdict is expected in 2025, however, with both sides preparing armies of lawyers to support their positions. The Musk-Breton fight is probably a foretaste of things to come.