In a clash with the social network, the minister said, in his vote, that it is not up to X to appeal a decision that affects third parties
STF (Supreme Federal Court) Minister Alexandre de Moraes voted not to recognize appeals filed by X (former Twitter user) against the judge’s own decisions that ordered the blocking of accounts on the social network. According to Moraes, it is not up to X to appeal on behalf of third parties, since the blocked profiles concern users of the network.
The trial takes place in a virtual plenary session of the 1st Chamber of the Supreme Court and began in the early hours of this Friday (August 30, 2024). A series of appeals filed by the platform against the minister’s determinations are analyzed.
“In line with this understanding, it is not up to the social network provider to claim third-party rights on its own behalf, even if it is the recipient of the request for blocking determined by means of a court decision for the purposes of a criminal investigation, since it is not a party to the investigative procedure”says the vote.
The ruling comes at a time of conflict with the social network. Last Wednesday (August 28), Moraes summoned Elon Musk, owner of X, and ordered the platform to present a legal representative in Brazil within 24 hours, under penalty of removing the social network from the country in case of non-compliance.
The decision was not accepted and, on Thursday night (August 29), the network’s Global Government Relations profile said that it was awaiting the block. “We expect Minister Alexandre de Moraes to soon order the blocking of X in Brazil – simply because we did not comply with his illegal orders to censor his political opponents.”he said. Understand the next steps in this report.
In the virtual format, there is no debate, and the ministers simply cast their votes on the STF platform. So far, only Moraes has voted. The rest of the group, made up of Cármen Lúcia, Flavio Dino, Cristiano Zanin and Luiz Fux, have until next Friday (September 6) to vote.
In the statement, Moraes again argues the reason why he ordered the blocking of the accounts contested by X and reaffirms that “freedom of expression is constitutionally enshrined and guided by the binomial freedom and responsibility”.
“In other words, the exercise of this right cannot be used as a true protective shield for the practice of illicit activities. Freedom of expression should not be confused with impunity for aggression.”.
One of the cases analyzed concerns Allan dos Santos. In his vote, Moraes says that X, in addition to not being able to file an appeal, also did not demonstrate any argument that could reverse the restriction imposed on the blogger’s accounts and reiterates what he had already said in a 2021 decision.
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