The European Union is grappling with how to respond to posts by Musk on his social media site X in recent weeks that have castigated elected leaders and generated consternation across Europe.
The concern over Musk, the world's richest man and an ally of U.S. President-elect Donald Trump, is particularly felt in capitals where the political mainstream is under pressure from right-wing populist parties.
Musk's comments
endorsing the far-right Alternative for Germany (AfD) party, labelled as right-wing extremists by German security services, ahead of a parliamentary election in February have especially worried European leaders.
Some European governments are pressing the European Commission to use its legal arsenal against Musk's perceived interference.
"Either the European Commission applies with the greatest firmness the laws that exist to protect our unique space, or it does not, and in that case, it should think about giving the capacity to do so back to EU member states," French Foreign Minister Jean-Noel Barrot told France Inter radio.
Spanish Prime Minister Pedro Sanchez accused Musk on Wednesday of undermining democracy, without directly naming him.
Don’t upset Trump?
The issue is testing the EU's willingness to confront Musk head-on and risk antagonizing the incoming Trump administration, as well as the effectiveness of the bloc's Digital Services Act (DSA), which regulates social media platforms' operations in the EU.
It is not clear whether Musk - who is set to have a role as an outside advisor in Trump's administration - is acting at his own behest or with Trump's blessing.
Diplomats said the bloc had to
tread carefully
given Trump's record of volatility in his first term and added it was too early to discuss the subject frankly with Trump or Musk given Trump is not yet in power. His inauguration is on January 20.
A Commission spokesperson said this week the DSA had previously proved to be an effective instrument to combat risks posed by the leading social media platforms and said a political choice had been made not to respond directly to Musk's tweets and "fuel the debate."
Freedoms Vs societal risks
Musk called German Chancellor Olaf Scholz an "incompetent fool" who should resign after a deadly car-ramming attack in Germany last month. On Thursday he will use his platform to host a conversation with AfD head Alice Wiedel.
Scholz has responded by calling for cool. "Don't feed the troll," he told German weekly Stern on January 4.
French President Emmanuel Macron took aim at Musk this week.
"Ten years ago, who would have believed it if we had been told that the owner of one of the biggest social networks in the world ...
intervenes directly in elections,
including in Germany?" he said.
Britain is outside the European Union and likes to cultivate a "special relationship" with the U.S., but Musk has been steadily critical of Labour Prime Minister Keir Starmer and his government, most recently over a child sex abuse scandal more than a decade ago.
During the U.S. election campaign, Musk contributed some $200 million (193.82 million euros) and used his social media platform to boost Trump and the Republican Party.
Senior EU officials acknowledge the challenge presented by Musk's comments on the region's politics but insist the DSA is a robust enough instrument.
"The DSA explicitly protects freedom of expression online as one of its key objectives. Mr. Musk is free to express his opinions in the EU online and offline, within legal boundaries," European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection Michael McGrath told Reuters.
Probe into X
The European Commission has been investigating X's compliance with the DSA for over a year. McGrath said it fell on platforms like X to explain how they balance freedom of speech and risks related to inciting hate or electoral interference.
"The DSA enforcement team is in close contact with the German independent regulator, as well as the Irish regulator as the country of establishment of X in the EU," the commissioner added.
The DSA board, which comprises coordinators from the 27 member states, next meets on January 24, an opportunity to consider a response.
