Preserving Democracy Against the Abuse of Power: A Fight for Fairness and Accountability
While we watch in despair the richest and most powerful person on the planet, Elon Musk, openly attempting to sway the outcome of an election by allegedly bribing voters in key swing states with money to vote for Donald Trump, we face a pivotal moment for democracy. The Department of Justice (DOJ) has already sent a formal letter to Musk warning that his $1 million voting sweepstakes could violate federal law by paying people to register or vote—a clear attempt at voter manipulation.
In this atmosphere of corporate overreach and blurred lines between personal influence and national integrity, I have been continuing my own fight—against X (formerly Twitter) and its CEO. As a concerned citizen, I am continuing my efforts to file a complaint against Musk and his platform, X (formerly Twitter), due to its blatant biases and manipulation of content during key political moments. In particular, I observed during a live phone call on August 12th 2024 between Donald Trump and Musk that pro-Trump comments were disproportionately highlighted, while anti-Kamala Harris and other critical comments were suppressed. This skewed the public narrative in favor of Trump, creating an unfair political landscape that could have dire consequences for the election.
While I am aware that my voice as a regular citizen may not seem like it holds much sway against giants like Musk, it's a matter of principle that compels me to proceed. After all, if the DOJ is taking action, why shouldn’t I also pursue what is right?
This is where my fight continues, both in the U.S. and abroad.
Seeking Legal Recourse in California
I have reached out to several lawyers to represent me in a lawsuit against Platform X for violating the First Amendment. My case revolves around the idea that X, under Musk’s leadership, is manipulating content and suppressing free speech to promote one political ideology. This is more than just a personal grievance; it’s a matter of public interest that touches on the core principles of democracy.
It’s not just about silencing voices like mine, but about the broader implications of such actions. If a platform with over 300 million users can manipulate the narrative during a critical election period, what does that say about the future of free speech, transparency, and fairness in our democracy?
International Advocacy: The European Commission’s Role
In addition to my domestic legal efforts, I’ve also filed a complaint with the European Commission regarding X’s potential violations of the Digital Services Act (DSA). The DSA enforces transparency, fairness, and accountability for Very Large Online Platforms (VLOPs) like X. Prabhat Agarwal, the Head of Unit at the European Commission, confirmed in a recent letter that X is under investigation for these issues, which include content moderation and algorithmic manipulation that can influence elections. The Commission’s response assures me that systemic issues within X are being taken seriously, but it also highlights that platforms must be held accountable on a global scale.
In a recent exchange with the European Commission regarding my complaint about Platform X, they acknowledged that their investigation into X’s content moderation is ongoing but clarified that they do not intervene in individual content decisions. However, they advised me to submit systemic issues directly to the Irish Digital Services Coordinator, believing I was not an EU national.
Subject: Ares(2024)6636819 - Concern Regarding Potential Violation of Digital Services Act on Twitter/X
Dear Kevin Bihan-Poudec
Many thanks for your letter.
As stated previously, in relation to negative effects on civic discourse and electoral
processes and content moderation, the ongoing investigation focuses on systemic issues, such as effectiveness of X’s content moderation measures. The Commission does not have direct competence to intervene in individual content moderation decisions.
While you are not a national of an EU member state, a complaint may be submitted to the Irish DSC. More information about the Irish DSC and complaints can be found here.
If you wish to report systemic issues to the Commission regarding potential infringements of the DSA by X, please do so, if possible, with separate and systematic aggregated sets of data.
Yours sincerely,
Prabhat AGARWAL
Head of Unit
In response, I clarified my status as a French citizen residing in California and asked if this alters how my complaint should be processed. The follow-up emphasizes my EU citizenship and the need for further guidance on pursuing this matter.
Dear Prabhat Agarwal,
Thank you for your response to my concerns regarding the Digital Services Act (DSA) and Platform X. I would like to clarify an important detail: I am a French citizen, an EU national, currently residing in California. Given this, I believe this may affect how my complaint is handled under the DSA framework.
Could you please advise if my status as an EU citizen alters the process for addressing my concerns, and whether I should proceed differently given my residency outside the EU?
Thank you for your assistance.
Best regards,
Kevin Bihan-Poudec
Founder, Voice For Change Foundation
The Broader Context: How Elon Musk is Using X to Boost Trump’s Re-Election
Since purchasing Twitter and rebranding it as X, Musk has effectively turned the platform into a megaphone for Donald Trump’s re-election campaign. As NPR’s report explains, Musk has used X to amplify Trump’s voice, offering a two-hour interview with the former president and pushing pro-Trump content onto users’ feeds, whether they follow him or not. Even former employees of X have confirmed that Musk’s control over the platform’s algorithm allows him to shape the political narrative in ways that are unprecedented.
Musk’s actions go beyond just political endorsement; he has financially backed Trump through America PAC, contributing $75 million to Trump’s campaign efforts. Musk is also using his platform to spread misleading information and conspiracy theories, including false claims about immigrants and election fraud. This blatant misuse of power is harming the credibility of X as a platform and undermining public trust in our democratic institutions.
A Global Fight for Fairness
This fight is not just about me or my experiences on X—it’s about preserving the integrity of democracy itself. If influential figures like Elon Musk can manipulate public discourse through platforms as powerful as X, then our democratic processes are at serious risk. The actions of Musk and X need to be addressed, not just in the United States, but on a global scale.
The response from the European Commission and the DOJ's recent actions demonstrate that there is a growing awareness of the dangers posed by unchecked digital platforms. But this is only the beginning. I will continue my fight to ensure that no one, not even the richest person in the world, is above the law. Democracy must be preserved, and it is up to all of us to hold those in power accountable.
Conclusion
In conclusion, I may be just one voice, but I’m committed to seeing this through. This case is not about personal monetary compensation but rather about standing up for what is right. Elon Musk’s manipulation of public discourse on X is a threat to democracy, and I am committed to holding him accountable. Elon Musk and X must be held accountable for actions that could undermine the very foundation of our democratic processes. My efforts, combined with the ongoing investigation by the European Commission and the DOJ’s scrutiny of Musk’s election interference, represent a broader movement to safeguard free speech, fairness, and transparency on digital platforms. With the support of legal experts and international bodies, I believe we can set a strong precedent for responsible digital governance.
Let this be a reminder: No one is above the law, and we must act now to protect democracy from the abuse of power. And in this crucial time, we must continue to fight for our rights—both online and offline—so that democracy may prevail.
