When Egos Collide in Brazil
September 10, 2024
Why the Supreme Federal Court of Brazil has Suspended X
It all started when Brazilian Supreme Court judge Alexandre de Moraes issued a court order requiring X to block certain accounts for spewing misinformation and hate speech. Notably, these accounts belonged to right-wing supporters of former Brazilian President Jair Bolsonaro. After taking his ball and going home, Musk responded with some misinformation and hate speech of his own. He published some insulting AI-generated images of de Moraes, because apparently that is a thing he does now. He has also blatantly refused to pay the fines and appoint the legal representative required by the court. Musk’s tantrums would be laughable if his colossal immaturity were not matched by his dangerous wealth and influence.
But De Moraes seems to be up for the fight. The judge has now added Musk to an ongoing investigation into the spread of fake news and has launched a separate probe into the mogul for obstruction of justice and incitement to crime. We turn to Brazil’s Globo for de Moraes’ perspective in the article, “Por Unanimidade, 1a Turma do STF Mantém X Suspenso No Brasil.” Or in English, “Unanimously, 1st Court of the Supreme Federal Court Maintains X Suspension in Brazil.” Reporter Márcio Falcão writes (in Google Translate’s interpretation):
“Moraes also affirmed that Elon Musk confuses freedom of expression with a nonexistent freedom of aggression and deliberately confuses censorship with the constitutional prohibition of hate speech and incitement to antidemocratic acts. The minister said that ‘the criminal instrumentalization of various social networks, especially network X, is also being investigated in other countries.’ I quote an excerpt from the opinion of Attorney General Paulo Gonet, who agrees with the decision to suspend In this sixth edition. Alexandre de Moraes also affirmed that there have been ‘repeated, conscious, and voluntary failures to comply with judicial orders and non-implementation of daily fines applied, in addition to attempts not to submit to the Brazilian legal system and Judiciary, to ‘Instituting an environment of total impunity and ‘terra sem lei’ [‘lawless land’] in Brazilian social networks, including during the 2024 municipal elections.’”
“A nonexistent freedom of aggression” is a particularly good burn. Chef’s kiss. The article also shares viewpoints from the four other judges who joined de Moraes to suspend X. The court also voted to impose huge fines for any Brazilians who continue to access the platform through a VPN, though The Federal Council of Advocates of Brazil asked de Moraes to reconsider that measure. (Here’s Google’s translation of that piece.) What will be next in this dramatic standoff? And what precedent(s) will be set?
Cynthia Murrell, September 10, 2024
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