Elon Musk is now a part of a Brazilian Supreme Court investigation about the dissemination of fake news and alleged obstruction.
Justice Alexandre de Moraes accused Musk of waging a public “disinformation campaign” after Musk commented that his social media company X would no longer comply with the court’s order to block certain accounts on the platform.
Musk, who took over Twitter in late 2022 and changed the name to X shortly after, accused de Moraes of suppressing free speech and violating Brazil’s constitution. Musk commented that Brazilian X users could use VPNs, or virtual private networks, to bypass any limited access to the social media platform.
About 40 million Brazilians — 18% of the population — use X at least once a month, making it an important market for the platform.
"But principles matter more than profit," Musk wrote.
De Moraes wrote Sunday, "The flagrant conduct of obstruction of Brazilian justice, incitement of crime, the public threat of disobedience of court orders and future lack of cooperation from the platform are facts that disrespect the sovereignty of Brazil."
The judge has faced backlash from Brazil’s political right for accusations of suppressing free speech and engaging in political persecution. In the current investigation, lawmakers from former President Jair Bolsonaro's circle have been targeted, and Bolsonaro himself was implicated in the 2021 investigation.
"Including Elon Musk in the digital militias investigation is one thing. Blocking X is another. With this, Moraes is making a nod, saying that he didn't remain inert amid provocations from Elon Musk," Carlos Affonso, director of Rio de Janeiro-based think tank Institute for Technology and Society, told The Associated Press by phone from Washington. "It is a warning shot so that lines aren't crossed."
Musk, who identifies as a staunch advocate of free speech, announced on Saturday that X would remove all restrictions on blocked accounts. He anticipated this action might lead to a decline in revenue in Brazil and potentially compel the company's local office to close.
Chief Justice Luis Roberto Barroso said that de Moraes’ decision may be subject to an appeal, but not on the grounds of violating the Brazilian constitution as Musk argues. Barroso also noted that that every company operating in the country is "subject to the constitution," although he did not mention X or Musk by name.
Some information for this report was provided by Reuters and The Associated Press.
