French cybercrime authorities have officially escalated their investigation into Elon Musk and his social media platform, X (formerly Twitter), to a criminal probe. The move comes after both Musk and former CEO Linda Yaccarino ignored summons to appear for questioning in Paris. The escalation has been triggered weeks after a diplomatic standoff where the US Department of Justice (DOJ) flatly refused to help French investigators, accusing them of trying to 'wrongfully regulate' an American business.
Charges Filed Against Musk and X
The Paris prosecutor's office issued a release, accusing Musk and his company of nine charges, representing a significant legal escalation by French authorities regarding platform accountability and the use of AI tools in content moderation. The charges include:
- Complicity in the possession of child pornography, as well as the dissemination, offering, or making available (within an organized group) of pornographic images of minors.
- Collection of personal data by fraudulent, unfair, or unlawful means.
- Processing of personal data without measures ensuring data security.
- Fraudulent extraction of data from an automated data processing system within an organized group.
- Violation of the secrecy of correspondence sent, transmitted, or received electronically.
- Falsification of the operation of an automated data processing system within an organized group.
- Dissemination via an online public communication service of a montage or content generated by algorithmic processing of a sexual nature, reproducing the image or words of a person without their consent.
- Administration of an online platform to permit illicit transactions within an organized group.
- Contestation of crimes against humanity, facilitated by the Artificial Intelligence Grok.
US Refuses to Assist French Investigation
In April, the Wall Street Journal reported that the DOJ slammed the French investigation in a two-page letter, stating that it would not facilitate requests for interviews or legal assistance. The DOJ argued that the probe contradicts the First Amendment of the US Constitution, which protects free speech. The department accused France of attempting to 'entangle the United States in a politically charged criminal proceeding' designed to interfere with a public square for ideas.
Scope of the French Investigation
The probe into X is broad and covers several serious allegations. The investigation started in early 2025 following claims that X's algorithm unfairly favoured Musk's personal views. They are also examining the spread of Holocaust denial, which is a crime in France, and antisemitic content. French officials also added allegations related to the distribution of child pornography and non-consensual deepfakes to the case.
This development marks a significant moment in the ongoing tension between European regulatory efforts and American tech companies, highlighting the challenges of cross-border legal enforcement in the digital age.
