Executive Summary
On December 5, 2025, the European Commission fined X (formerly Twitter) €120 million ($140M) for violating the Digital Services Act. Elon Musk responded with a barrage of claims about Europe, comparing the EU to the "Fourth Reich" and asserting X was "number 1 in every EU country." We fact-checked his major claims.
Overall verdict: MIXED. While some of Musk's concerns about regulatory overreach merit debate, several specific factual claims are demonstrably false or misleading.
Claim-by-Claim Analysis
"10 Killed in Guadeloupe Attack"
Musk reshared Tommy Robinson's post claiming 10 died in a car crash at Christmas preparations. Reality: No fatalities occurred. The driver was intoxicated, not a terrorist. Robinson later admitted he "reported incorrectly."
"X is #1 in Every EU Country"
Musk claimed "record-breaking downloads" and #1 status. Reality: X only tops the "news app" subcategory on some devices. In overall download charts for Germany, France, Poland, Spain, and Italy, X doesn't rank in the top 10.
"Secret Deal" to Censor Speech
Musk alleged the Commission offered "an illegal secret deal" to censor without announcement. Reality: Former Commissioner Thierry Breton stated: "There has never been—and will never be—any 'secret deal.'" DSA settlements are formal and publicly announced.
"70% Support Remigration"
Musk reshared polls claiming 70%+ support for "remigration." Reality: Polls show support for deporting convicted criminals, not all migrants. "Remigration"—meaning expelling all foreigners—is a far-right fringe position with minimal support.
What the Fine Was Actually About
The Digital Services Act Violations
According to NPR, the €120M fine addressed three specific issues:
- Misleading blue checkmarks: Anyone can pay for "verified" status without identity verification, enabling impersonation fraud
- Broken ad repository: X's advertising transparency tools don't function properly
- Researcher access denied: X failed to provide effective data access for independent researchers
The Commission emphasized this was not about speech content but about transparency and consumer protection. Under the DSA, penalties could reach 6% of global revenue—potentially billions—but the actual fine was far lower.
The Reuters Institute's 2025 Digital News Report found that European audiences still rely more on traditional news sources than Americans, and when they do use social media for news, X ranks below Instagram, TikTok, and YouTube.
Political Context
The fine sparked a diplomatic clash. Secretary of State Marco Rubio called it "an attack on all American tech platforms." U.S. Ambassador to the EU Andrew Puzder labeled it "regulatory overreach targeting American innovation."
The Commission denied any political motivation, noting that TikTok—also a foreign company—avoided similar fines by offering concessions. A Commission spokesperson stated: "If you engage constructively, we settle cases. If you do not, we take action."
The Bottom Line
Legitimate debate exists about whether EU tech regulation constitutes overreach or necessary consumer protection. However, Musk's specific factual claims—about death tolls, app rankings, and secret deals—are either false or significantly misleading.
The fine itself is about transparency obligations, not content moderation. Musk has stated he intends to legally challenge the ruling rather than make concessions.