Billionaire Elon Musk, known for grabbing headlines, finds himself in a clash with a Brazilian Supreme Court justice over free speech, far-right accounts, and misinformation on X, the social media platform he acquired when it was Twitter. Since taking over, Musk has overhauled many of Twitter’s policies, trimmed its workforce, and reshaped the content users encounter on the platform.
As the platform’s owner and arguably its most influential user, he has also used it to influence political conversations worldwide. His latest dispute is unfolding in a country of 203 million people, boasting the largest population and economy in South America.
The South Africa-born CEO of Tesla and SpaceX acquired Twitter in 2022, asserting himself as a “free speech absolutist,” although critics argue his stance leans towards a particular political agenda. Musk has reinstated previously banned accounts, including those of conspiracy theorist Alex Jones, former U.S. President Donald Trump, as well as accounts associated with neo-Nazis and white supremacists. Musk has accused advertisers who suspended spending on X due to anti-Semitic and other offensive content of engaging in “blackmail.”
While free speech is a constitutional right in the United States, it is not guaranteed in many other countries, Brazil included. Recently, Supreme Court Justice Alexandre de Moraes initiated an investigation into Elon Musk regarding the spread of defamatory fake news. Additionally, another probe has been launched to investigate potential obstruction, incitement, and involvement in criminal organization.
Which Accounts Are Being Blocked
In Brazil, judges have the authority to compel any website to remove content, and certain decisions are kept confidential from the public.
However, neither the Brazilian courts nor X have revealed the list of accounts that have been instructed to cease publishing. Nonetheless, prominent supporters of former President Jair Bolsonaro and far-right activists are notably absent from the platform.
Many of these accounts are linked to a network referred to as “digital militias.” They became the focus of a five-year investigation overseen by Justice Alexandre de Moraes. Initially, they were under scrutiny for allegedly disseminating defamatory fake news and issuing threats against Supreme Court justices. Subsequently, following Bolsonaro’s defeat in 2022, they faced accusations of inciting nationwide protests aimed at overturning President Luiz Inácio Lula da Silva’s election victory.
Who Exactly Is Justice De Moraes?
De Moraes is easily recognizable, characterized by his bald head, muscular physique, and sweeping black robe. In his escalating criticisms of the judge, Musk has dubbed him “Brazil’s Darth Vader.”
Whether scrutinizing former President Jair Bolsonaro, removing his far-right allies from social media platforms, or issuing arrest orders for supporters who stormed government buildings on January 8, 2023, Moraes has vigorously pursued those he perceives as undermining Brazil’s fledgling democracy.
Just days after a mob invaded Brazil’s capital, de Moraes instructed Facebook, Twitter, Telegram, TikTok, and Instagram to suspend the accounts of individuals accused of instigating or backing attacks on Brazilian democratic institutions.
How Did Free Speech Become a Rallying Cry for Brazil’s Far-Right?
Brazil’s political right has frequently portrayed De Moraes as stifling free speech and orchestrating political vendettas. Members of Bolsonaro’s inner circle have been detained, and the residences of his supporters have been raided.
Bolsonaro himself came under scrutiny in the digital militias investigation in 2021, partly due to his baseless allegations regarding Brazil’s electronic voting system. During the same year, he publicly declared at a large gathering that he would no longer abide by de Moraes’ rulings, plunging Brazil perilously close to an institutional crisis.
Musk’s Role
“Far-right X users have been attempting to draw Musk into Brazilian politics for years,” stated Bruna Santos, a lawyer and campaign manager at the nonprofit Digital Action. “They often tag him, asking him to take a stand on Moraes,” she said.
On Saturday, Musk asserted that restoring the accounts — many of which seem to be restricted only in Brazil — would likely result in the social media platform losing revenue in Brazil and possibly prompting the company to close its local office. On Saturday, he did, repost a message from X’s Global Government Affairs, tagging de Moraes, and adding his own commentary : “Why are you doing this @alexandre?”
In his ruling to probe Musk, de Moraes charged him with conducting a public “disinformation campaign” regarding the actions of the top court.
Musk And Free Speech
While Musk criticizes what he sees as Twitter’s bias against certain viewpoints, he’s also attempted to silence dissenters, including journalists and organizations reporting on his businesses. In late 2022, Musk accused journalists of sharing his private information, calling it “essentially assassination coordinates.” However, he offered no evidence. Musk also permanently banned an account that tracked his private jet flights using publicly available data.
Recently, a federal judge dismissed X’s lawsuit against the nonprofit Center for Countering Digital Hate, which has highlighted the increase in hate speech on the platform since Musk acquired it. X contended that the center’s researchers breached the site’s terms of service by compiling public tweets improperly, and its reports on the surge of hate speech caused X to lose millions of dollars as advertisers withdrew. However, U.S. District Court Judge Charles Breyer dismissed the lawsuit, stating in his ruling that it was solely aimed at punishing the nonprofit for its speech.
What’s Next?
The outcome hinges on the actions of Musk and X. If they choose to reinstate the accounts in Brazil, the company may face fines, at the very least. While fines have typically not deterred Musk, experts warn that they could escalate, potentially leading to X’s suspension. “The fines could increase, ultimately resulting in the platform’s suspension. However, this is always a last resort, as it impacts other users in Brazil,” explained Filipe Medon, a data privacy lawyer and professor at the Getulio Vargas Foundation.
As for Musk, a foreign national with a company headquartered in the U.S., any actions taken by Brazilian authorities would require legal cooperation with U.S. authorities.