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Blocking of Twitter in Brazil

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

The Brazilian investigation into Elon Musk is an investigation by Supreme Federal Court minister Alexandre de Moraes into 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 an attack on federal government buildings 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, de Moraes ordered that Twitter be suspended until the platform complied with the court's decisions, appointed a representative in Brazil—which is legally required in Brazil—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 X 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."[1] 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."[2][3]

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.[4][5] After the attack, de Moraes ordered several social media platforms, including X, to block specific accounts that had been involved in the planning, saying that the companies would be fined if they failed to comply.[6][7][8] Over time, de Moraes ordered more Twitter accounts to be blocked.[9]

In April 2023, the Ministry of Justice and Public Security requested that Twitter remove five hundred accounts and posts encouraging school violence. Twitter did not comply with the request until an executive decree was issued, threatening fines and a potential ban.[10]

In April 2024, American journalist Michael Shellenberger published criticisms about Justice Alexandre de Moraes in what he called the "Twitter Files Brazil".[11] Shellenberger shared emails from a former X executive that criticized requests from the Brazilian Judiciary for data from users of the platform, which would go against the social network's policy.[12]

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.[13] Elon Musk wrote that he would defy the ruling several hours later, and he also suggested that users could get around the block by using a virtual private network.[14][15][16] In response, de 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."[8][15][17]

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.[18][19]

Brazil's Supreme Court suspended Elon Musk's X (formerly Twitter) after he didn't meet legal obligations during a crackdown on disinformation. The tension grew as Musk refused to block accounts tied to ex-president Jair Bolsonaro. Musk responded by accusing the judge of undermining democracy.[20]

Blocking of X

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

On 30 August 2024, Alexandre de Moraes ordered internet service providers to block access to X, 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.[21] To enforce the suspension order against X, de Moraes directed the National Telecommunications Agency (ANATEL) to take action. The order will remain in effect until the platform complies with the decisions of the Supreme Federal Court, pays accumulated fines totaling R$18.3 million, and appoints a representative in Brazil,[22] a requirement grounded in Brazilian law.[23] De Moraes had also instructed Apple and Google to remove X and VPN applications from their virtual stores, but he reversed this decision on the same day, citing concerns about potential "unnecessary" disruptions.[24]

X began to be suspended at approximately 12:10 a.m. (UTC−03:00) on 31 August.[25]

Reactions

The cartoon by Carlos Latuff depicts Alexandre de Moraes kicking Elon Musk. Musk is shown falling forward, holding a briefcase with the X logo. The briefcase has papers labeled "fake news" flying out of it.
Carlos Latuff's cartoon on the August 2024 suspension of X in Brazil

Twitter and Elon Musk

Reacting to the decision, Musk wrote on his X account: "Free speech is the bedrock of democracy and an unelected pseudo-judge in Brazil is destroying it for political purposes."[26]

Shortly after its suspension, X created the @AlexandreFiles account, purportedly in order to shed "a light on the abuses of Brazilian law committed by Alexandre de Moraes".[27]

Government officials

In an interview on 30 August, President Luiz Inácio Lula da Silva emphasized that Elon Musk should respect the decisions of the Supreme Federal Court, criticizing him for allegedly offending Brazilian authorities. Lula da Silva stated that Brazilian society does not have an "inferiority complex".[28] According to journalist Andréia Sadi [pt], 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 betweeen judges that, despite this, de Moraes would have committed excesses by blocking the Starlink accounts, which could potentially tarnish the image of the Brazilian judiciary.[29]

Members of the National Congress of Brazil expressed varied opinions about the decision. Far-right Deputy Nikolas Ferreira 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 said "the consequences of Alexandre de Moraes' attacks to Elon Musk, X 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 X: "I am tweeting this with VPN."[30][31]

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.[32]

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.[33]

Civil society

Beto Simonetti, the national president of the Order of Attorneys of Brazil, announced the Brazilian Bar 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.[34]

Over the preceding three days, the social network Bluesky gained over one million new Brazilian users, with the platform reporting record new Brazilian users and activity from Brazilians between 30 and 31 August.[35]

Media

The decision received widespread international attention. The New York Times and the Associated Press issued breaking news alerts to report it. 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 de Moraes over freedom of expression, 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 de Moraes's decision represented a stringent public sanction concerning the limits of free speech and efforts to combat disinformation.[36]

American journalist Glenn Greenwald questioned the legal basis of de Moraes's actions, suggesting that the judge was effectively creating new laws without the oversight of Brazil's Congress.[37]

American rapper Cardi B also expressed her concerns about the blocking: "Wait a lot of my fan pages are Brazilian!!! Come back hold up!!"[38]

See also

References

  1. ^ Rosen, Jeffrey (2 May 2022). "Elon Musk Is Right That Twitter Should Follow the First Amendment". The Atlantic. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  2. ^ "Twitter can either follow local laws or risk being shut down: Elon Musk after meeting Modi". Deccan Herald. 1 June 2023. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  3. ^ Mehrotra, Karishma; Menn, Joseph (9 November 2023). "How India tamed Twitter and set a global standard for online censorship". Washington Post. Archived from the original on 5 June 2024. Retrieved 1 September 2024.
  4. ^ Chappell, Bill; Bond, Shannon; Olmos, Sergio (10 January 2023). "The attack on Brazil's Congress was stoked by social media — and by Trump allies". NPR. Archived from the original on 31 August 2024. Retrieved 1 September 2024.
  5. ^ Dwoskin, Elizabeth (10 January 2023). "Come to the 'war cry party': How social media helped drive mayhem in Brazil". Washington Post. ISSN 0190-8286. Archived from the original on 9 January 2023. Retrieved 1 September 2024.
  6. ^ Savarese, Mauricio; Goodman, Joshua (25 January 2023). "Crusading judge tests boundaries of free speech in Brazil". AP News. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  7. ^ Pagliarini, Andre (18 January 2023). "Brazil's Post-Riot Social Media Restrictions Aren't Worth a Free Speech Freakout". The New Republic. ISSN 0028-6583. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  8. ^ a b Sa Pessoa, Gabriela; Ortutay, Barbara (11 April 2024). "What to know about Elon Musk's 'free speech' feud with a Brazilian judge". AP News. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  9. ^ Carneiro, Julia (18 April 2024). "US committee releases sealed Brazil court orders to Musk's X, shedding light on account suspensions". AP News. Archived from the original on 31 August 2024. Retrieved 1 September 2024.
  10. ^ Rosati, Andrew; Gamarski, Rachel; Carvalho, Daniel (14 April 2023). "Twitter Clashes With Brazil Over School Violence Posts". Bloomberg News. Archived from the original on 15 April 2023. Retrieved 30 August 2024.
  11. ^ "Jornalista do Twitter Files diz no Senado que Moraes "parece agir como legislador"" [Twitter Files journalist says in the Senate that Moraes “seems to act like a legislator”]. CNN Brasil (in Brazilian Portuguese). 11 April 2024. Retrieved 1 September 2024.
  12. ^ "Leia todos os documentos divulgados do Twitter Files Brazil" [Read all the documents released from the Twitter Files Brazil]. Poder360 (in Brazilian Portuguese). 16 April 2024. Retrieved 1 September 2024.
  13. ^ "X challenges Brazil's 'forced' order to block certain accounts". Reuters. 6 April 2024. Retrieved 30 August 2024.
  14. ^ Alvim, Leda (6 April 2024). "Musk Lifts Restrictions on X Accounts in Brazil in Challenge to Courts". Bloomberg News. Archived from the original on 30 August 2024. Retrieved 30 August 2024.
  15. ^ a b Biller, David; Sa Pessoa, Gabriela (8 April 2024). "Elon Musk will be investigated over fake news and obstruction in Brazil after a Supreme Court order". AP News. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  16. ^ Masih, Niha; Paúl, María Luisa (8 April 2024). "Elon Musk challenges Brazilian judge over order to block X accounts". Washington Post. Archived from the original on 17 August 2024. Retrieved 1 September 2024.
  17. ^ de Guzman, Chad (8 April 2024). "Elon Musk Battles a Brazilian Judge: Everything to Know". TIME. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  18. ^ Wells, Ione; Rhoden-Paul, Andre (17 August 2024). "X suspends business in Brazil over censorship row". BBC. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  19. ^ "Moraes ameaçou prender representante do X após intimar ex-diretor" [Moraes threatened to arrest X representative after subpoenaing former director]. Poder360 (in Brazilian Portuguese). 21 August 2024. Retrieved 1 September 2024.
  20. ^ "Brazil blocks social media platform X after Supreme Court ruling on disinformation". France 24. 31 August 2024. Retrieved 1 September 2024.
  21. ^ Nicas, Jack; Conger, Kate (30 August 2024). "Brazil Blocks X After Musk Ignores Court Orders". The New York Times. Archived from the original on 31 August 2024. Retrieved 30 August 2024.
  22. ^ Mendes, Lucas (30 August 2024). "Alexandre de Moraes ordena suspensão imediata do X no Brasil". CNN Brasil (in Portuguese). Archived from the original on 30 August 2024. Retrieved 31 August 2024.
  23. ^ "Representante exigido por Moraes ao X tem previsão legal, mas aplicação limitada; entenda". O TEMPO (in Portuguese). 31 August 2024. Archived from the original on 1 September 2024. Retrieved 31 August 2024.
  24. ^ Martins, Luísa (30 August 2024). "Moraes recua em decisão sobre uso de VPN". CNN Brasil (in Portuguese). Archived from the original on 31 August 2024. Retrieved 31 August 2024.
  25. ^ "Rede social X começa a ser suspensa no Brasil após ordem de Moraes". g1 (in Portuguese). 31 August 2024. Archived from the original on 31 August 2024. Retrieved 31 August 2024.
  26. ^ Ferreira Santos, Sofia (30 August 2024). "Musk's X banned in Brazil after disinformation row". BBC News. Archived from the original on 30 August 2024. Retrieved 31 August 2024.
  27. ^ "X cria perfil dedicado a divulgar decisões sigilosas de Moraes | Blogs". CNN Brasil (in Brazilian Portuguese). Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  28. ^ Boechat, Gabriela; Souza, Renata (30 August 2024). "Lula: Musk tem que respeitar decisão do STF e não pode ficar ofendendo autoridades". CNN Brasil (in Portuguese). Archived from the original on 30 August 2024. Retrieved 31 August 2024.
  29. ^ Sadi, Andréia (31 August 2024). "Ministros do STF defendem que Moraes submeta decisão que suspendeu X à análise da Corte". g1 (in Portuguese). Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  30. ^ Phillips, Tom (31 August 2024). "X goes offline in Brazil after Elon Musk's refusal to comply with local laws". The Guardian. ISSN 0261-3077. Retrieved 1 September 2024.
  31. ^ Nicas, Jack; Conger, Kate. "With X Blocked, Brazilians Find New Homes for Their Thoughts". The New York Times. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
  32. ^ Phillips, Tom (31 August 2024). "X goes offline in Brazil after Elon Musk's refusal to comply with local laws". The Guardian. ISSN 0261-3077. Retrieved 1 September 2024.
  33. ^ Marques, Hugo. "Arthur Lira critica decisões do ministro Alexandre de Moraes sobre a Starlink" [Arthur Lira criticizes Minister Alexandre de Moraes' decisions on Starlink]. Veja (in Brazilian Portuguese). Retrieved 1 September 2024.
  34. ^ "OAB vai ao STF por revisão ou esclarecimento de multa fora do devido processo para quem usar VPN". Conselho Federal da OAB (in Brazilian Portuguese). Retrieved 1 September 2024.
  35. ^ Lemos, Vinícius (31 August 2024). "A rede social que conseguiu um milhão de usuários e bateu recordes de interações após bloqueio do X no Brasil". BBC News Brasil (in Portuguese). Archived from the original on 1 September 2024. Retrieved 31 August 2024.
  36. ^ "Bloqueio do X é 'maior teste até agora' para Musk, diz NYT; veja repercussão na mídia internacional". BBC News Brasil (in Portuguese). 30 August 2024. Archived from the original on 1 September 2024. Retrieved 31 August 2024.
  37. ^ askstraight (31 August 2024). "Musk vs. Moraes: Brazilian Judge Orders X Suspended Amid Legal Standoff". AskStraight. Archived from the original on 30 August 2024. Retrieved 31 August 2024.
  38. ^ "On the first day without X, many Brazilians say they feel disconnected from the world". AP News. 30 August 2024. Archived from the original on 1 September 2024. Retrieved 1 September 2024.
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