Volkswacht Bodensee - EU has limited power to suspend Elon Musk's X

Former European Commissioner Thierry Breton brought suspending X into play last week, suggesting in a TV interview that it would be "possible" to suspend the platform across the 27-nation bloc.

"We have two laws... that would potentially allow a judge to impose this requirement," he said, referring to the Digital Services Act (DSA) and Digital Markets Act (DMA) that came into force in early 2024.

Breton's suggestion followed allegations that X's algorithm was amplifying specific political viewpoints, especially those aligned with owner Musk.

- 'Very large platform' status -

The DSA imposes a single regulatory framework on digital platforms across all EU member states.

Like other networks with more than 45 million active users per month, X has been designated as a "very large online platform" -- subjecting it to the most stringent requirements, especially on content moderation.

The legislation says such platforms "can be used in a way that strongly influences safety online (and) the shaping of public opinion and discourse".

"Very large" platforms must therefore take steps to limit "systemic risks", including to "media freedom and pluralism" and "democratic processes".

In practice, applying the terms of the DSA will likely prove difficult, said Alexandre De Streel, an expert on digital legislation at the Brussels-based Centre on Regulation in Europe (CERRE).

"Proving that an algorithm is biased in favour of certain content... is not easy, because you need to have access to the algorithm itself and be able to understand how it works," he said.

- Possible penalties -

Suspending X "is not at all a simple path, it's a realistic but extreme path", said Jean Cattan, general secretary of france's National Digital Council (Cnum).

There is no provision in the DSA for a platform to be banned for good.

Its maximum penalty is rather a temporary suspension that can be ordered by a judge.

Suspension would be only a very last resort after a potential fine of up to six percent of a platform's worldwide annual revenue.

This staggering of the penalties suggests reaction times to any infraction will be slow.

Recent events in Romania, where a suspected Russian-backed TikTok campaign allegedly boosted far-right presidential candidate Calin Georgescu, "show us that the DSA does not allow us to react swiftly enough", Cattan said.

Around 30 MEPs from across the mainstream political spectrum this week wrote to European Commission chief Ursula von der Leyen demanding that she examine X's compliance with the DSA.

They highlighted Musk's open support for the far-right Alternative for Germany (AfD) before German elections next month.

Others have defended musk, with one Slovenian MEP even calling for the tycoon to be awarded the Nobel Peace Prize as a "free speech" hero.

On Tuesday, European lawmakers will debate the interference allegations in the Strasbourg parliament chamber.

- No national action -

In France, Foreign Minister Jean-Noel Barrot expressed anger in early January about the Commission's failure to take action against X.

"Either the European Commission applies as strictly as possible the laws we've passed to protect our public space, or it doesn't, and therefore it will have to agree to return the capacity to do this to the member states," he said.

Nevertheless, the DSA's rules mean that it is up to digital regulators in Ireland, where X has set up its European headquarters, to take any action.

France's Arcom audiovisual authority, designated the country's digital services "coordinator" under the DSA, can only transmit to Dublin any complaints it receives against X.

Only in cases touching on national security or other rare exceptions can national capitals act directly against specific websites or social networks, as Paris did against TikTok during last year's riots in Pacific territory New Caledonia.

F.Wagner--VB