Brazilian Supreme Court Justice Alexandre de Moraes has included Elon Musk in an investigation into the dissemination of fake news and opened a separate investigation into the U.S. business executive for alleged obstruction. Musk, the CEO of Tesla and SpaceX, took over Twitter in late 2022 and accused De Moraes of suppressing free speech. He noted that users could bypass any shutdown of X by using VPNs. Musk will be investigated for intentional criminal instrumentalization of X as part of an investigation into digital militias spreading defamatory fake news against Supreme Court justices.
Brazil’s political right has criticized De Moraes for clamping down on free speech. The investigation into digital militias has led to the arrest of lawmakers and raids on supporters of former President Jair Bolsonaro. De Moraes ordered the shutdown of messaging app Telegram nationwide for not complying with Brazilian authorities’ requests to block profiles linked to fake news. Musk’s instructions on X led to speculation that the platform may shut down in Brazil, affecting revenue. Musk claimed that the demands violate Brazilian law, sparking a warning from De Moraes against disobeying a court order under threat of fines and legal repercussions.
Brazil’s constitution, drafted after the military dictatorship, contains prohibitions against specific crimes like racism but does not guarantee absolute freedom of speech. Musk’s defiance of De Moraes’ orders has raised concerns about the democratization of social media platforms, especially in a country as large as Brazil. Prominent blocked accounts remained restricted despite Musk’s promises to unblock them, indicating that X had yet to act. De Moraes’ decision to investigate Musk for obstruction and incitement serves as a warning against crossing legal boundaries.
Former President Jair Bolsonaro supported Musk’s actions, claiming that the documents Musk pledged to publish would reveal interference in the 2022 election. Bolsonaro has accused the electoral court of meddling in the election without providing evidence. The episode involving Musk and De Moraes highlighted the need for regulations on social media platforms. Brazil’s attorney general and President Luiz Inácio Lula da Silva’s minister expressed support for building a regulatory framework to prevent foreign billionaires from violating the rule of law and threatening authorities.
The implications of the investigations on Musk and X have generated discussions about the need for oversight and accountability in the digital space. De Moraes’ defenders argue that his actions are necessary to curb the spread of fake news and protect democracy. Meanwhile, critics believe that the justice is overstepping his authority and infringing on free speech. The brewing spat between Musk and De Moraes has drawn attention to the power dynamics between tech billionaires and regulatory agencies in shaping online discourse.
As the investigations unfold, the outcome could have far-reaching consequences for the future of social media regulation in Brazil. Musk’s stance on free speech and defiance of court orders has sparked debates about the limits of online expression. The involvement of high-profile figures like Musk and De Moraes in the investigations reflects broader tensions surrounding freedom of speech, accountability, and the rule of law in the digital age. It remains to be seen how these issues will be addressed and resolved in the ongoing legal proceedings.
