Elon’s Crying Censorship Over An EU Fine That Has Nothing To Do With Censorship

Legal Issues

from the such-a-fucking-snowflake dept

Elon Musk is now calling for the dissolution of the European Union because it fined him $140 million for violating a law he once said was “exactly aligned” with his vision for (what was then called) Twitter.

And he’s doing it by lying about what the fine is actually for.

The EU hit X with a $140 million fine last week for violating the Digital Services Act (DSA). But (despite what you may have heard) this isn’t some censorship overreach by Brussels bureaucrats. The violations—which have been known for over a year—have nothing to do with content moderation. Zero. Anyone telling you otherwise is lying.

The fine is for three specific transparency failures: misleading users when Elon changed verification from actual verification to “pay $8 for a checkmark,” maintaining a broken ad repository, and refusing to share required data with researchers.

The European Union has announced a fine of $140 million against Elon Musk’s X, the social media platform formerly known as Twitter, for several failures to comply with rules governing large digital platforms. A European Commission spokesperson said the fine against X’s holding company was due to the platform’s misleading use of a blue check mark to identify verified users, a poorly functioning advertising repository, and a failure to provide effective data access for researchers.

Again, let’s repeat: it has nothing, whatsoever, to do with the way X handles content moderation or what speech it allows on its platform. As Daphne Keller explains:

Don’t let anyone — not even the United States Secretary of State — tell you that the European Commission’s €120 million enforcement against Elon Musk’s X under the Digital Service Act (DSA) is about censorship or about what speech users can post on the platform. That would, indeed, be interesting. But this fine is just the EU enforcing some normal, boring requirements of its law. Many of these requirements resemble existing US laws or proposals that have garnered bipartisan support.

There are three charges against X, which all stem from a multi-year investigation that was launched in 2023. One is about verification — X’s blue checkmarks on user accounts — and two are about transparency. These charges have nothing to do with what content is on X, or what user speech the platform should or should not allow. There is plenty of EU political disapproval about those things, for sure. But the EU didn’t choose to pick a fight about them. Instead, it went after X for violating much more basic, straightforward provisions of the DSA. Those violations were flagrant enough that it would be weird if the EU hadn’t issued a fine.

Both Daphne and I have criticized attempts by EU officials to abuse the DSA in pursuit of censorship. I directly called it out when former EU Commissioner Thierry Breton clearly went way over the line last year, a move that quickly led to Breton losing his job. I’ve been highly critical of the DSA for years, so if this were actually an abuse of the law for censorship, I’d be first in line to call it out and side with Elon (I’ve done it in other circumstances as well).

But this is not that. This has nothing to do with “content moderation” or “censorship” in any way.

And yet, Elon Musk is running around pretending it is a free speech issue, and his once-again friends in the Trump administration are bolstering that false claim.

As Daphne pointed out, the EU could investigate certain aspects of X’s content moderation, and that could lead to serious questions about censorship and free speech. But they have not done so.

Honestly, this move is little different than the Trump FTC taking action against a Chinese company for violating COPPA. Which it has done. Did we see Chinese politicians lose their minds over that? Did we see the CEO of that company, Apitor Technology, call for dissolving the United States like Elon Musk is now calling for dissolving the EU? No. No, we did not.

But because the Elon Musks/JD Vances/Marco Rubios of the world can only think in terms of memes and culture wars, they know that if they just insist that this is about censorship, that the media will cover it that way, and the ignorant rabble on X will buy their version of the story.

All this is even more incredible because Elon Musk told the EU that he was entirely on board with the DSA while he was in the process of buying Twitter. Yes, the law he’s now claiming is censorship tyranny requiring the dissolution of an entire governmental body is the very same law he declared was “exactly aligned” with his vision for the platform.

At the time, we called out how the EU was clearly playing Musk, who seemed to have no clue what he was actually endorsing. It was obvious he hadn’t read or understood the DSA. But there he was, recording a video claiming perfect alignment with a regulatory framework he’s now treating as an existential threat to free speech.

So it’s pretty rich for him to whine about it now.

Of course, Musk isn’t just misrepresenting the fine. He’s responding with a series of escalating tantrums designed to feed his false censorship narrative. First, he called for abolishing the entire EU:

Then came the petty retaliation. First, he canceled the EU Commission’s X advertising account. X claimed it was because they “exploited” X’s ad platform by posting a link that appeared to be a video, but replies to that tweet suggested many, many people said that claimed “exploit” was not an exploit at all, but a tool that many others had used.

After that, Musk started threatening to punish EU Commissioners directly for the fine. In doing so he incorrectly references the Streisand Effect:

As the coiner of “The Streisand Effect,” I’d just like to point out that this is not what the Streisand Effect means at all.

Each move—calling to dissolve the EU, canceling ads, threatening individuals—is transparently designed to manufacture a free speech crisis where none exists. It’s performance art for an audience that won’t bother checking whether the fine is actually about censorship (it isn’t).

And he’ll likely keep escalating with the help of the Trump administration.

The DSA certainly has some issues, but this fine is not one of them. But that hasn’t stopped Elon Musk and his crew of political supporters from pretending that this is some huge attack on American free speech. It’s not. No more than the FTC’s fine against Apitor was an attack on China-based speech.

But, of course, most of the media will continue to pretend this is about free speech. They will frame it that way and for years into the future we’ll hear false stories—that the media and tons of other people will simply accept as true—that the EU fined X and Elon $140 million for not censoring people.

This is the template now. Violate fairly modest regulations, claim it’s censorship, get your political allies to amplify the lie, use it to de-legitimize any attempt at platform accountability for actively misleading users. It’s not about free speech. It never was. It’s about securing freedom from accountability while wielding the power of both private platforms and state resources to crush anyone who tries to impose it.

So yeah, anytime you hear someone claim the EU fined Musk for not censoring people, call it out. Because the truth matters, even when powerful people would prefer you didn’t notice they’re lying.

Filed Under: content moderation, dsa, elon musk, eu, fine, free speech, jd vance, marco rubio, transparency, verification
Companies: twitter, x