04/07/2024 – 21:41
Minister Alexandre de Moraes, of the Federal Supreme Court, included billionaire Elon Musk, owner of X (formerly Twitter) as being investigated in the digital militias investigation for “intentional instrumentalization” of the social network. He also ordered the opening of a separate investigation into the businessman for alleged obstruction of justice “including criminal organization and incitement to crime”.
In an order signed this Sunday, the 7th, Moraes also determined that X refrain from “disobeying any court order already issued” by the Brazilian Court, including reactivating profiles whose blocking was determined by the Supreme Court or the Superior Electoral Court. In case of non-compliance, a daily fine of R$100,000 will be imposed, per profile, and those legally responsible for the company in Brazil may end up being charged with disobeying the court order.
The minister highlighted that social networks 'must absolutely respect the Federal Constitution, the Law and the Brazilian Jurisdiction'. He also indicated how the 'dignity of the human person, the protection of the lives of children and adolescents and the maintenance of the Democratic Rule of Law are above the financial interests' of the platforms.
“SOCIAL MEDIA IS NOT A LAWLESS LAND! SOCIAL NETWORKS ARE NO MAN’S LAND!”, wrote Alexandre de Moraes in the document, like this: with all the words in capital letters and in bold.
The order was signed after the owner of X made publications criticizing the actions of the president of the Superior Electoral Court, attributing alleged 'censorship' to him. This Sunday, Musk wrote that Moraes should “resign or be impeached”.
Moraes' assessment is that the billionaire “started a disinformation campaign about the actions” of the Supreme Court and the TSE, “instigating disobedience and obstruction of Justice, including, in relation to criminal organizations, orders issued by the Brazilian Court related to the blockade of criminal profiles and those who spread fraudulent news, under investigation by this Supreme Court”.
“The use of illegal mechanisms by “X” is characterized; as well as the presence of strong evidence of intent on the part of the CEO of the social network, Elon Musk, in the criminal instrumentalization investigated in several investigations (in progress at the STF, such as fake news, digital militias, financiers of anti-democratic acts and the coup act January 8)”, noted Moraes.
According to the minister, the platform's conduct constitutes, in theory, abuse of economic power, “by trying to illegally impact” public opinion. Furthermore, it may consist of “flagrant induction and instigation to the maintenance of various criminal conducts carried out by digital militias, with worsening risks to the security of members of the Supreme Court”. At this point, Moraes even cited messages with hateful content made in support of Musk's publications.
The rapporteur of the digital militias inquiry also saw possible “obstruction of justice in criminal organizations under investigation and a clear attack on the Brazilian Judiciary”. The fake news inquiry completed five years in March 2024 with Moraes as rapporteur, who was chosen without a draw. The minister focuses on a series of investigations with decisions seen as harsh and controversial.
“The flagrant conduct of obstruction of Brazilian Justice, the incitement to crime, the public threat of disobedience to court orders and the future lack of cooperation from the platform are facts that disrespect Brazil's sovereignty and reinforce the connection of the intentional criminal instrumentalization of the activities of the former Twitter, current 'X', with illicit practices investigated by the various investigations previously mentioned, and should be the subject of investigation by the Federal Police”, he pointed out.
In his order, Moraes considered it 'unacceptable' that any representative of the platforms, especially those from , especially in the very serious attack on the Democratic Rule of Law and the attempt to destroy the Supreme Court, National Congress and Palácio do Planalto, that is, the Brazilian Republic itself”.
The minister also stressed that, after January 8th, “in an absolutely public and transparent manner”, a meeting was held at the TSE with representatives of the main social networks used in the country – including the old Twitter – about the use of platforms for crimes committed in the coup attempt.
At the meeting, the “need to set up a working group to present proposals for self-regulation and legislative regulation was discussed, in order to avoid the continuation of illicit conduct reiterated on a permanent basis on the various platforms, through incitement to crime , discriminatory content, hate speech, speech attacking the Judiciary, and conduct against the fairness of elections and the Democratic Rule of Law”, Moraes also pointed out.
Still according to the minister, representatives of X participated, in 2023, in another five meetings at the TSE, “in a public and transparent manner”. In 2024, the platforms were invited to collaborate with the Integrated Center for Combating Misinformation and Defending Democracy, with those legally responsible for the former Twitter in Brazil participating in several meetings with the Secretary General and the Director General of the TSE.
According to the rapporteur of the digital militias inquiry, despite the “permanent and habitual criminal exploitation of providers of social networks and private messaging services, for the practice of numerous and very serious criminal offenses” there was “no evidence of intentional conduct” on the part of the platforms. However, this situation changed – according to Moraes – when Musk “started a disinformation campaign about the actions” of the STF and TSE.
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