Justice Alexandre de Moraes of the Brazilian Supreme Court has started an investigation into Elon Musk for his alleged involvement in the dissemination of fake news and obstruction of justice. Musk, the CEO of Tesla and SpaceX, was accused of waging a “disinformation campaign” against the court and encouraging disobedience of its orders on his social media platform, X. The investigation is part of a larger probe into a network of digital militias spreading fake news and threats against Supreme Court justices in Brazil.
The justice’s decision highlighted Musk’s alleged intentional criminal instrumentalization of X and his obstruction of justice, criminal organization, and incitement. Musk’s comments on X about bypassing shutdowns using VPNs and his refusal to comply with court orders were seen as disrespectful to Brazilian sovereignty. Musk’s company, X, did not respond to requests for comment, and Musk had not made any public statements regarding the investigation as of the following morning.
Critics of Justice de Moraes have accused him of overstepping and targeting free speech, particularly within Brazil’s political landscape. The investigation into digital militias has led to the arrest of lawmakers linked to former President Jair Bolsonaro and raids on his supporters’ homes. De Moraes has ordered the shutdown of platforms like Telegram for not complying with Brazilian authorities’ requests to block certain accounts.
Musk’s defiance of court orders has raised concerns about the impact on X’s operations in Brazil, with potential financial losses and office closures. However, Musk has emphasized the importance of principles over profit, stating that X would lift all restrictions on blocked accounts despite potential consequences. Brazil’s constitution has limitations on freedom of speech, with Musk’s actions potentially leading to legal consequences for disobeying court orders.
The ongoing spat between Justice de Moraes and Elon Musk has sparked discussions about the need for regulation of social media platforms in Brazil. Lawmakers are under pressure to vote on a bill that would establish rules for these platforms, with the Attorney General and President’s administration expressing support for regulatory frameworks. The situation has also brought attention to the implications for Musk’s other ventures, such as Starlink satellites providing internet service in remote Brazilian regions.
Former President Bolsonaro, who has been vocal in supporting Musk’s defiance against court orders, has claimed that the documents Musk intends to publish could reveal interference in the 2022 election. Bolsonaro, known for making unsubstantiated claims, sees Musk’s actions as a fight for freedom. With tensions escalating between Musk and the Brazilian Supreme Court, the outcome of the investigation and potential regulatory measures could have far-reaching consequences for social media and free speech in Brazil.
