Brazilian Supreme Court Justice Alexandre de Moraes has launched an investigation into tech mogul Elon Musk, owner and chief technology officer of social media platform X. The investigation is looking into possible obstruction of justice by Musk, who announced over the weekend that X would defy court orders to restrict or suspend certain popular accounts on its platform.
Moraes, who has been a vocal supporter of regulations to combat misinformation and harmful content online, also ordered Musk to be included in a larger investigation into digital militias – individuals accused of spreading misinformation to attack democratic institutions in Brazil.
The court's actions follow threats made by Musk on his X account, which boasts 180.2 million listed followers. In response to the court's orders, Musk said on Saturday, "We are lifting all restrictions. This judge has applied massive fines, threatened to arrest our employees and cut off access to X in Brazil. As a result, we will likely lose all revenue in Brazil and have to shut down our office there. But principles matter more than profit."
On Sunday, Musk continued to provoke the Brazilian Supreme Court, calling for the resignation or impeachment of Justice Moraes and accusing him of breaking the law in Brazil. He also made unsubstantiated claims about the judge's actions.
This is the heart of the problem. What say you @Alexandre?
Let us debate this in the open. https://t.co/E2HsU6Winr
— Elon Musk (@elonmusk) April 8, 2024
Musk also threatened to release information that would portray Moraes as a traitor to Brazil. "Coming shortly will publish everything demanded by [Alexandre de Moraes] and how those requests violate Brazilian law. This judge has brazenly and repeatedly betrayed the constitution and the people of Brazil. He should resign or be impeached. Shame [Alexandre de Moraes], shame," wrote Musk.
With a population of over 215 million, Brazil is the second most populous country in the Western Hemisphere after the United States. The country has been deeply divided politically, and recent events, including political violence similar to the Capitol attack on January 6, have highlighted this division.
In January of 2023, supporters of former President Jair Bolsonaro, who was ousted in 2022, vandalized government buildings, and called for military intervention to remove the elected President Luiz Inácio Lula da Silva from office. Bolsonaro, who is currently under investigation for orchestrating a coup in Brazil, has faced pushback from various entities, including tech companies such as X.
They have been told they will be arrested
— Elon Musk (@elonmusk) April 9, 2024
Musk's vocal opposition to Moraes comes during a municipal election year in Brazil, with voters scheduled to head to the polls in October. It is reported that he had met with Bolsonaro in May of 2022 to discuss the use of X's satellite internet service in rural schools in the Amazon. The service, named Starlink, was granted permission to operate in Brazil during Bolsonaro's presidency and is now widely used in the country.
X and other social media platforms have been facing increasing regulatory pressure worldwide, with countries such as Australia, the EU, India, and Turkey all implementing measures to regulate the content on these platforms.
According to court filings, Musk and X will be fined 100,000 reais (around $20,000) per day for each account that is reinstated against the court's orders. Those involved will also face legal consequences in Brazil for defying the court's orders. Justice Moraes emphasized that social media platforms are not a lawless land and stated that Musk's statements show that X is protecting those who promote criminal activities against Brazil's democracy.
BREAKING: Elon Musk says that X employees in Brazil have been told they will be arrested as Brazilian leadership continues to attack free speech.
The comment from Musk came in response to Brazilian politician Nikolas Ferreira.
“We need to get our employees in Brazil to a safe… pic.twitter.com/umVDYD0KoT
— Collin Rugg (@CollinRugg) April 9, 2024
In response to previous court orders, Musk has reinstated banned accounts and relaxed content moderation policies since taking over X as CEO and chief technology officer. This has caused concern among free speech advocates, who fear that these regulations may be exploited by government officials to target and silence dissenting voices.
Meanwhile, Musk's track record on free speech has been inconsistent. While he has described himself as a free speech absolutist, his companies, such as Tesla, have required strict non-disclosure and mandatory arbitration agreements that limit free speech. In addition, employees at SpaceX have alleged retaliation for speaking out against Musk.
X has not yet responded to requests for comment on the Brazilian Supreme Court's investigation.