02-11-2024
Stella Liantsi
South and East Asia Researcher,
Global Human Rights Defence.
Brazil’s Supreme Court recently ordered the lift of the ban on Platform X, also known as Twitter, owned by Elon Musk, which was blocked due to online misinformation about Brazil’s 2022 election campaign.
In August 2024, Alexandre de Moraes ordered the block of the platform following a months-long conflict with Musk over issues involving accounts that were harassing people using the site. He then also prohibited downloading virtual private networks (VPN) which allows access to banned content and is frequently used to improve overall digital safety and privacy. The initial involvement of De Moreaes was due to the platform’s inability to regulate content and implement its policies adequately. Once Elon Musk took over X in October 2022, he dismissed almost every employee in charge of public policy and content control in Brazil. The once-leading transparency reporting platform had only released one report in October for the first half of 2024 on removal requests and compliance rates globally. Musk’s refusal to abide by Brazilian laws regarding the matters, including the need to have a legal representative for X in Brazil, eventually led to the platform’s ban.
Given X’s large user base in Brazil with about 40 million active users, human rights activists have characterised these measures as disproportionate and extreme, making it more difficult for people to exercise their rights to public participation, free expression, and access to information. The prohibition sparked worries that rather than focusing on particular harmful content or users, such broad bans would unduly restrict individuals’ rights and affect the political debate in the run-up to elections. Content moderation and procedural safeguards in blocking measures were suggested as a more proportionate approach than broad platform bans.
Continuing the debate, Elon Musk called De Moraes “a dictator cosplaying as a judge” and he said that he is breaking Brazil’s own constitution and Brazilian rights of freedom of speech, making the dispute increasingly personal. In the end, the dispute ended with Elon Musk backing down and complying with Brazil’s request. He suspended the accounts in question, appointed a legal representative in Brazil, and paid heavy fines. Consequently, De Moraes ordered the “end of suspension and authorised the immediate return of X’s activities in Brazil’.
Sources and further readings:
As Lições Necessárias da Polêmica sobre o X no Brasil. (2024, October 9). Human Rights Watch. Retrieved November 19, 2024, from https://www.hrw.org/news/2024/10/09/right-lessons-flap-over-x-brazil
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