Brussels Backs Spain in Efforts to Regulate Digital Platforms

European Commission Supports Accountability for Digital Platforms

Recent personal attacks directed at Spanish President Pedro Sánchez by influential tech figures, including Elon Musk and Pável Dúrov, have prompted a strong response from the European Commission. Despite reservations about Spain‘s proposal to criminally prosecute directors of digital platforms, the Commission expressed its “solidarity” with Member States seeking to hold these platforms accountable for their actions.

Response to Attacks on President Sánchez

This response from Brussels marks a significant shift, particularly following Musk's incendiary remarks labeling Sánchez as “fascist” and “totalitarian.” Following these comments, the Commission reaffirmed its commitment to demanding responsibility from online platforms. “In Europe, we demand responsibilities from online platforms, we empower our citizens and protect our children,” stated Thomas Regnier, the spokesperson for the Commission for Digital Affairs.

Focus on Protecting Citizens

Regnier underscored the importance of accountability, noting the risks posed by certain online content, including its addictive qualities and potential dangers to children, consumers, and democratic processes. He emphasized the role of the Digital Services Act (DSA) in setting clear guidelines for protecting users across the European Union.

The Commission reiterated its commitment to safeguarding citizens from online threats, stating, “We protect our consumers against scams and dangerous products. And we defend our freedom of expression and the integrity of our elections.” The DSA aims to create a safer and more transparent online environment in Europe.

International Context of Tensions

Spain is not alone in facing the ire of Musk and Dúrov. Recent legal actions in France have drawn similar reactions, particularly following a decision to search X's offices and summon Musk for questions related to algorithm manipulation. Dúrov remarked, “France is the only country in the world that is criminally pursuing all social networks that offer users a degree of freedom.” He has previously faced legal challenges in France regarding the moderation of content on Telegram.

Moreover, the French Foreign Ministry has shown support for Spain through a viral satirical account on X, highlighting issues related to platform regulation. The French account mockingly addressed the ongoing conflicts with digital magnates, advising Spain to “hold the line” amidst the pressures.

Legal Framework and Limitations

Although the European Commission has expressed solidarity with Spain, its capacity to act against private communications sent by Dúrov to Spanish users is limited. This is primarily because Telegram does not qualify as a “Very Large Online Platform” under the DSA. Consequently, private messages are not regulated by this European legislation, which complicates any potential legal actions, leaving decisions to national authorities.