Elon Musk Defies Court Order, Platforms Far-Right Activists in Brazil

Elon Musk Under Investigation in Brazil for Obstruction of Justice

Elon Musk, the owner of X (formerly known as Twitter), is facing an investigation by a Brazilian court for obstruction of justice. The court’s decision comes after Musk reinstated far-right accounts that the Brazilian government had requested to be removed. This move coincides with recent findings indicating a rise in hate speech on the platform since Musk took over.

Musk’s Alignment with Far-Right Movements

According to digital democracy researcher Nina Santos from the Brazilian National Institute of Science & Technology, Musk’s actions in Brazil are part of a larger strategy employed by the global far right to undermine democracies and democratic institutions worldwide. Santos emphasizes that the opinion of an American billionaire should not take precedence over a democratic institution.

Brazil’s Ongoing Investigation into January 8 Insurrection

The investigation into Musk’s actions comes amidst Brazil’s ongoing efforts to understand and investigate the events leading up to the January 8, 2023 insurrection. On that day, election-denying insurrectionists who refused to accept the defeat of right-wing president Jair Bolsonaro stormed Brazil’s legislature. The country’s election court, known as the TSE, has been investigating the spread of fake news and disinformation that questioned the legitimacy of the country’s elections in the months and years prior to the insurrection.

X’s Inconsistent Compliance with Government Takedown Orders

X has faced criticism for its inconsistent compliance with government takedown orders. In India, the company suspended the accounts of Hindutva Watch and the India Hate Lab, two US-based nonprofits that monitor incidents of religiously motivated violence perpetrated by supporters of the country’s right-wing government. A 2023 study from the Berkman Klein Center for Internet and Society at Harvard revealed that X complied with less than 1% of the Indian government’s takedown orders in 2022. In Germany, X initially banned a well-known neo-Nazi cartoonist but later altered its terms of service to justify the decision.

Brazil’s Stance on Freedom of Expression

João Brant, digital policy secretary for Brazil’s Secretariat of Social Communication, explains that Brazil’s approach to freedom of expression differs from that of the United States and more closely resembles the European concept. While discussing elections is permitted, categorically asserting fraud and claiming that the electoral court has not taken action is problematic. Brant emphasizes the importance of complying with judicial orders while acknowledging the right to discuss them.

Update 4/9/24 9:51 am EST: This story previously stated incorrectly that Andrew Tate had been convicted of human trafficking. He has been charged, but the case remains pending. Tate has denied the charges.