Following provocations by the proprietor of the X platform, the justice has mandated an investigation into Mr. Musk’s involvement with digital militias

04/08/2024

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Alexandre de Moraes — Foto: Gustavo Moreno/SCO/STF

Justice Alexandre de Moraes from Brazil’s Federal Supreme Court has mandated an investigation into the actions of businessman Elon Musk, the proprietor of the X platform (previously known as Twitter). The decision was issued on Sunday (7) after the billionaire’s public declarations of potentially defying judicial mandates regarding the removal of content and the suspension of user accounts on his social media network.

In addition to targeting Mr. Musk in the ongoing investigation into digital militias, Justice Moraes has explicitly instructed the platform to adhere to all current and future court orders issued by both the Federal Supreme Court and the Superior Electoral Court. Failure to comply will result in a daily penalty of R$100,000 and legal repercussions for the individuals responsible for the company’s operations within Brazil.

Furthermore, the Brazilian Supreme Court Justice has called for Mr. Musk to be investigated for allegations of obstructing justice, as well as organizing and encouraging criminal activities. Justice Moraes highlighted that Mr. Musk’s behavior might amount to a “felonious criminal instrumentalization” of the platform, necessitating his inclusion in the existing probe.

In his ruling, Justice Moraes drew connections between the X platform and the attempted coup events of January 8, 2023. He stated, “It is utterly unacceptable for any social network or private messaging service provider representatives, especially those from the former Twitter, now ‘X,’ to feign ignorance of the criminal misuse perpetrated by so-called digital militias. This misuse encompasses the dissemination, propagation, organization, and expansion of numerous illegal activities on social networks, particularly those that gravely undermine the Democratic Rule of Law and aim to dismantle the Federal Supreme Court, the National Congress, and the Planalto Palace—essentially, the very foundation of the Brazilian Republic.”

Justice Moraes referenced a post-coup attempt meeting held “in an absolutely public and transparent manner” at the Superior Electoral Court with representatives from all major platforms, which focused on “the real peril of this criminal misuse” by social networks and messaging services.

Over the weekend, according to Justice Moraes, Elon Musk “initiated a misinformation campaign” targeting the actions of the Supreme Court and the Superior Electoral Court. This behavior, Mr. Moraes implies, demonstrates the platform’s complicity in attitudes supportive of a coup.

On Saturday (6), Elon Musk launched criticisms at Justice Alexandre de Moraes, who, in his capacity as Chairman of the Superior Electoral Court, played a pivotal role in enforcing stricter regulations on platforms to curb the dissemination of “fake news” during the electoral period.

The day commenced with the billionaire addressing a January statement by Justice Moraes, querying, “Why are you demanding so much censorship in Brazil?” As the day progressed, Mr. Musk escalated his remarks, insinuating that Brazil’s freedom of expression was being compromised.

In a statement on X, Mr. Musk articulated, “We are lifting all restrictions. The judge has applied massive fines, threatened to arrest our employees, and cut off access to X in Brazil. As a result, we will probably lose all revenue in Brazil and have to shut down our office there. But principles matter more than profit.”

On Sunday, he again mentioned Justice Moraes, promising to publish “everything” he demanded and showing how, allegedly, those requests violate Brazilian law. “He should resign or be impeached,” he asserted.

Mr. Musk’s posts garnered applause from users and even legislators on the political right, such as Congressmen Nikolas Ferreira and Eduardo Bolsonaro, the son of former President Jair Bolsonaro.

These developments have thrust the regulation of social networks and the proposition to levy taxes on major tech companies back into the public discourse. Amidst the ongoing tussle between Justice Moraes and Elon Musk, recent reports by the Folha de S.Paulo newspaper and corroborated by O Globo newspaper highlight a government initiative poised to impose taxes on big tech entities.

The Federal Attorney General, Jorge Messias, emphasized the urgency of this conversation, stating, “We cannot continue in a society where billionaires from overseas can dominate social media platforms, positioning themselves in ways that challenge our rule of law.”

Paulo Pimenta, the minister of the Special Secretariat for Social Communication (SECOM), voiced his stance against the remarks made on X. On the platform, he declared his refusal to let “anyone, no matter their wealth or influence, insult” the nation.

Similarly, Congressman Orlando Silva, who serves as the rapporteur for the Fake News Bill aimed at regulating social networks, expressed his concern. He remarked, “We’ve reached a critical juncture. Elon Musk is now openly challenging the authority of the Judiciary Branch.”

Mr. Silva announced his intention to request that Brazil’s speaker of the Lower House, Arthur Lira, expedite the bill’s voting process. This move aims to establish a “liability regime for digital platforms.” “It is a measure to protect Brazil,” he stated.

*Por Isadora Peron — Brasília

Source: Valor Ingternational

https://valorinternational.globo.com/