European leaders are powerless to stop Musk's alliance with the far right in Germany.

• European politicians are furious over Elon Musk's plan to host a chat with the leader of Germany's far-right Alternative for Germany (AfD) party on X.
• There have been worries about Musk's potential influence on elections and how it could benefit the AfD in the polls.
• If the content of the interview is not illegal, Matthew Holman, a tech, privacy and AI partner at law firm Cripps, stated that the livestream will not be breaking any laws.

The plan of Elon Musk to host a chat with the leader of the Alternative for Germany (AfD) party on his X social media platform has infuriated European politicians, but they'll find it challenging to hinder him.

On Thursday, the tech billionaire will speak with Alice Weidel, the leader of Germany's far-right party, the AfD, which is currently in second place in polls ahead of the general elections on February 23. The party's platform includes defending freedom of speech, tightening asylum laws, ending financial support for asylum seekers, and reversing planned restrictions on combustion engine cars, among other points.

In December, Musk published an opinion piece in support of the AfD, a party classified as a "suspected extremist organization" by German domestic intelligence services, despite its attempts to fight the classification in court.

The German Chancellor Olaf Scholz advised against feeding the troll, referring to Elon Musk's attack on German politicians, while Friedrich Merz, the opposition leader, deemed Musk's interference as intrusive and pretentious when speaking to Funke media group.

The controversy has escalated beyond borders, with French President Emmanuel Macron condemning Musk and former European Commissioner Thierry Breton, stating that the interview would give Weidel a "substantial and advantageous edge."

If the content of the interview is legal, the livestream would not violate any laws, according to Matthew Holman, a tech, privacy, and AI partner at law firm Cripps, who emphasized that it is a crucial element of free speech in a healthy democratic system.

If Musk only interviewed the AfD or failed to have an effective third-party real-time moderator during his interviews with German parties, lawmakers may perceive that he has negatively affected civic discourse and the electoral process in Germany by promoting one party in a polarizing manner or failing to give equal prominence to all mainstream views.

CNBC has reached out to X for comment.

The Digital Services Act (DSA) of the European Union, which covers content on large online platforms including X, holds platforms accountable for evaluating and minimizing risks to civic discourse and electoral processes.

Thomas Regnier, a spokesperson for the European Commission, stated in an email that it is necessary to examine and reduce any risks that arise from special treatment or exposure given to content on a specific platform, including Elon Musk's content on his own platform.

The Commission announced that it will hold a roundtable on Jan. 24 to discuss risks ahead of the German election and will be joined by the German Digital Services Coordination and large online platforms, including X.

Although there are only a few reports of X's algorithm promoting content from the AfD, there are many accounts of Musk's own posts being preferred, according to Simone Ruf, deputy head of the Center for User Rights at the Gesellschaft für Freiheitsrechte, a German advocacy organization for basic and human rights.

Using this treatment to support the AfD through political statements and livestreams featuring their candidate could easily violate the DSA, she warned.

Ruf suggested that since the European Commission is already seeking information from X about cuts to its content moderation resources, it could potentially order interim measures to prevent harm to users, such as disabling the recommendation algorithm of X until the federal election.

It is uncertain if requests for such measures would be successful and how they would unfold in practice.

LobbyControl, a German civil society initiative, contends that Musk's interview with the AfD could be considered an illegal party donation. The group asserts that Musk has made it clear that his objective is to support the AfD and is utilizing his platform's resources to achieve this goal. The interview is likely to receive more widespread attention than typical user content on X.

The group stated that political advertising can be considered in this case because Platform X typically sells this type of reach for a high price. Electoral promotion through third parties is legally classified as a donation, and donations from countries outside of the EU are prohibited, as LobbyControl flagged.

Musk has previously endorsed right-wing parties and figures in Europe, including Nigel Farage and his Reform party in the U.K. He has also criticized the current U.K. government, led by Labour's Keir Starmer, and questioned whether "America should 'liberate the people of Britain."