The minister of the Supreme Federal Court (STF), Alexandre de Moraes, has ordered the inclusion of multibillionaire Elon Musk among those investigated in the so-called Digital Militia Inquiry, which investigates the criminal activities of groups suspected of spreading false news on social media to influence political processes.
In the same decision, made public on Sunday night (7), Moraes ordered the establishment of a “preventive inquiry” to investigate Musk’s actions, owner of the social network X (formerly Twitter), among several other companies. According to the minister, Musk’s inclusion in the Digital Militia Inquiry was motivated by the possible “willful [intentional] criminal instrumentalization of the social network X.” The opening of another process is due to Musk’s recent statements, such as a post in which he said he would reinstate accounts of X users suspended by Brazilian court decisions – conduct that, in his decision, Moraes classifies as possible cases of obstruction of justice and incitement to crime.
“I also order that the provider of social network X refrain from disobeying any judicial order already issued, including reactivating any profile whose blocking was determined by this Supreme Court or by the Superior Electoral Court (TSE), under penalty of a daily fine of R$ 100,000 per profile and liability for disobedience to the judicial order by the legal representatives of the company in Brazil,” Moraes ruled.
Criticism of the STF
The minister issued his decision one day after the multibillionaire published, on social media, the first of a series of posts criticizing the minister and the STF. On Saturday (6), Musk used the comment section of the minister’s own profile on X to attack him.
In a message from January 11, in which Moraes congratulated retired STF minister Ricardo Lewandowski for taking over the Ministry of Justice and Public Security, Musk questioned: “Why do you demand so much censorship in Brazil?”.
In another post, still on Saturday, Musk promised to “lift” [disobey] all judicial restrictions, claiming that Moraes threatened to imprison X employees in Brazil. On Sunday (7), in the early afternoon, shortly before the minister announced his decision, Musk accused Moraes of blatantly and repeatedly betraying the Constitution and the Brazilian people.
Arguing that Moraes’ demands violate Brazilian law itself, Musk called for the minister to resign or be removed from office.
Shortly after, he recommended that Brazilian internet users use a virtual private network (VPN) to access all the platform’s features blocked in Brazil.
Disinformation Campaign
In his ruling, Moraes argues that, “on April 6,” the owner of X “initiated a disinformation campaign about the actions of the STF and the TSE, reiterated on the 7th, instigating disobedience and obstruction of justice, including in relation to criminal organizations.”
Moraes also cites another inquiry from 2019, which investigates indications of the dissemination of false news, slanderous accusations, threats, and other offenses, to remind that the “criminal instrumentalization of social network providers and messaging services for [the commission] of the broadest practice of criminal activities on social media” is “evident.”
“I emphasize that it is unacceptable for any representatives of social network providers and private messaging services, especially the former Twitter, now X, to be unaware of the criminal instrumentalization that has been carried out by the so-called digital militias, in the dissemination, propagation, organization, and expansion of numerous illegal practices on social media, especially in the very serious attack on the Democratic State of Law and in the attempt to destroy the STF, National Congress, and Planalto Palace, that is, the Brazilian Republic itself, especially after the coup attempt of January 8, 2023,” commented Moraes in his decision, recalling that he himself met, on different occasions, with representatives of the main digital platforms to discuss “the real danger of this criminal instrumentalization.”
“Social network providers and private messaging services must absolutely respect the Federal Constitution, the law, and Brazilian jurisdiction,” Moraes ruled, adding that human dignity, the protection of the lives of children and adolescents, and the maintenance of the Democratic State of Law “are above the financial interests of social network providers and private messaging services.” And that Brazilian law requires these companies to comply with all judicial orders and decisions, including those that determine the provision of personal data or other information that may contribute to the identification of users.
Source: Agência Brasil