Brazilian investigation into Elon Musk

Justice Alexandre de Moraes (left), who initiated the investigation, and Elon Musk (right)

Brazilian Supreme Federal Court justice Alexandre de Moraes is conducting an investigation into Elon Musk due to accounts on Twitter that were reinstated after being suspended under the terms of a court order. The Supreme Federal Court reportedly ordered the removal of far-right accounts associated with the 2023 Brazilian Congress attack in Brasília. The investigation began in April 2024, after Elon Musk stated that he would unsuspend the accounts.

On 17 August 2024, Twitter closed its offices in Brazil. On 30 August, Moraes ordered that Twitter be suspended until the platform complied with the court's orders, appointed a representative in Brazil—which is legally required in the country as per Article 1138 of the Brazilian Civil Code—and paid a fine. The social network began to be suspended at the start of the following day.

Background

Musk recognizes that the various countries in which Twitter operates have different laws with respect to freedom of speech. On 26 April 2022, Musk tweeted "By 'free speech,' I simply mean that which matches the law." In June 2023, he said that "Twitter doesn't have a choice but to obey local governments. If we don't obey local government law, then we will get shut down. The best we can do is really to hew close to the law in any given country, but it's impossible for us to do more than that or we will be blocked and our people will be arrested."

In the lead-up to the 2023 Brazilian Congress attack, election misinformation circulated on a variety of social media platforms, and people used social media to help plan the attack. After the attack, Moraes ordered several social media platforms, including Twitter, to block specific accounts that had been involved in the planning, stating that the companies would be fined if they failed to comply. The orders were initially sealed before they were disclosed by a committee of the US Congress.

In April 2023, Brazil's Ministry of Justice and Public Security requested that Twitter remove five hundred accounts and posts encouraging school violence. The platform did not comply with the request until an executive decree was issued, threatening fines and a potential ban.

In April 2024, American journalist Michael Shellenberger published criticisms about justice Alexandre de Moraes in what he called the "Twitter Files Brazil". Shellenberger shared emails from a former Twitter executive that criticized requests from the Brazilian Judiciary for data from users of the platform, which would go against the social network's policy.

Supreme Federal Court investigation

On 6 April 2024, X Corp. stated that it had received a court order by Alexandre de Moraes to suspend several accounts. Elon Musk wrote that he would defy the ruling several hours later and also suggested that users could get around the block by using a virtual private network. In response, Moraes said that he was opening an investigation into Musk, which the Associated Press described as focused on "the dissemination of defamatory fake news and ... obstruction, incitement and criminal organization."

On 17 August 2024, after Moraes had threatened to arrest its legal representative, X Corp. announced that it was closing its office in the country.

Brazil's Supreme Court suspended the social network in the country after Musk did not meet legal obligations during a crackdown on disinformation. The tension grew as Musk refused to block accounts tied to former president Jair Bolsonaro. Musk responded by accusing Moraes of undermining democracy.

Blocking of Twitter

Decision of the Supreme Federal Court regarding the suspension of Twitter in Brazil

On 30 August 2024, Alexandre de Moraes ordered internet service providers to block access to Twitter, threatened a daily fine of R$50,000 for users who bypass the ban through virtual private networks (VPNs), and froze Starlink's finances in Brazil. To enforce the suspension order against Twitter, Moraes directed Brazil's National Telecommunications Agency (ANATEL) to take action. The order will remain in force until the platform complies with the decisions of the Supreme Federal Court, pays fines totaling R$18.3 million, and appoints a representative in Brazil, a requirement grounded in the country's law. Moraes had also instructed Apple and Google to remove Twitter and VPN applications from their virtual stores, but reversed that decision on the same day, citing concerns about potential "unnecessary" disruptions.

In the order, Moraes described Musk as an "outlaw" who would "allow the massive spread of disinformation, hate speech and attacks on the democratic rule of law, violating the free choice of the electorate, by keeping voters away from real and accurate information."

Twitter began to be suspended at approximately 12:10 a.m. (UTC−03:00) on 31 August. On 1 September, Starlink told ANATEL that it would not obey the order to block Twitter until its assets were unfrozen, but it reversed course two days later, saying that it would comply. On 2 September, a five-judge panel of the Supreme Court affirmed the ban.

Reactions

Carlos Latuff's cartoon on the August 2024 suspension of Twitter in Brazil

Twitter and Elon Musk

Reacting to the decision, Musk wrote on his Twitter account: "Free speech is the bedrock of democracy and an unelected pseudo-judge in Brazil is destroying it for political purposes."

Shortly after its suspension, Twitter created the "@AlexandreFiles" account, purportedly in order to shed "a light on the abuses of Brazilian law committed by Alexandre de Moraes". The account began posting sealed orders from Moraes on 31 August.

Musk also retweeted calls for protest and for Moraes' impeachment.

Government officials

In an interview on 30 August, Brazilian president Luiz Inácio Lula da Silva emphasized that Elon Musk should respect the decisions of the Supreme Federal Court, criticizing him for allegedly offending local authorities. Lula da Silva stated that Brazilian society does not have an "inferiority complex". He later said that the world could learn from Brazil's example, and it's not "obliged to put up with Musk's far-right free-for-all just because he is rich." According to journalist Andréia Sadi, behind the scenes at the Supreme Federal Court, the judges assessed that the decision was severe but necessary, as Musk was believed to have intentionally escalated the situation. Sadi reported that there was a consensus between judges that, despite this, Moraes would have committed excesses by blocking the Starlink accounts, which could potentially tarnish the image of the Brazilian judiciary.

Members of the National Congress of Brazil expressed varied opinions about the decision. Right-wing Nikolas Ferreira, a member of the Chamber of Deputies, stated: "Tirants [sic] want to turn Brazil into another commie dictatorship but we won't back down. I repeat: do not vote on those who don't respect free speech. Orwell was right". Right-wing congresswoman Bia Kicis stated that "the consequences of Alexandre de Moraes' attacks on Elon Musk, Twitter and Starlink will be regrettable for Brazilians". She also urged Rodrigo Pacheco, the President of the Federal Senate, to act. Congressman Marcel van Hattem wrote on Twitter: "I am tweeting this with VPN."

On the other hand, left-wing deputy Erika Hilton wrote, "If billionaires want to have companies that make billions in these parts, they need to learn to respect the laws. Long live the rule of law and national sovereignty". Hilton announced she had relocated to Bluesky. "See you there soon", she added.

The decision to block Starlink's financial assets in the country was also criticized by Arthur Lira, the President of the Chamber of Deputies, at an event for investors promoted by XP Inc.

Civil society

Beto Simonetti, the president of the Brazilian Bar Association, announced that the association would request the Supreme Court to review the section of the decision imposing a fine for VPN users, calling it a breach of due process.

The social network Bluesky gained over one million new Brazilian users between 30 and 31 August.

Media

The decision received widespread international attention. The New York Times described the situation as the most significant test so far for Musk's efforts to turn the social network into a platform where almost anything is possible. The Associated Press highlighted that the measure intensifies the ongoing conflict between Musk and Moraes over freedom of speech, far-right accounts, and disinformation. The Washington Post noted that the action followed Musk's refusal to appoint a legal representative in Brazil. Meanwhile, El País stated that Moraes' decision represented a stringent public sanction concerning the limits of free speech and efforts to combat disinformation.

American journalist Glenn Greenwald questioned the legal basis of Moraes' actions, suggesting that the judge was effectively creating new laws without the oversight of Brazil's Congress.

See also

• Ban of Twitter in Nigeria
• Brazilian Civil Rights Framework for the Internet
• Censorship of Twitter
• Censorship in Brazil

External links

• Media related to Brazilian investigation into Elon Musk at Wikimedia Commons