It is easy to get distracted by the barbs, swipes and bluster of the ongoing and very public spat between the world’s richest man and a fierce justice on Brazil’s highest court. Elon Musk, the billionaire owner of X, posts regularly of his contempt for Supreme Court Justice Alexandre de Moraes – a man Musk has labeled a “dictator” and “Brazil’s Darth Vader.” He makes these comments on a social media platform that Moraes has banned in Latin America’s most populous country as part of a lengthy campaign against disinformation.
But as an expert on Brazilian digital law, I see this as more than just a bitter personal feud. X’s legal battle with Brazil’s Supreme Court raises important questions about platform regulation and how to combat disinformation while protecting free speech. And while the focus is on Brazil and Musk, it is a debate being echoed around the world.
Countdown to the big fight
Things came to a head between Musk and Moraes in August 2024, but the battle has been years in the making.
In 2014, Brazil passed the “Marco Civil da Internet” or the “Internet Bill of Rights,” as it is commonly known. Backed by bipartisan support, this framework for internet regulation outlined principles for protecting user privacy and free speech while also creating penalties for platforms that break the rules.
It included a “judicial notice and takedown” system under which internet platforms are liable for harmful user-generated content only if they fail to remove the content after receiving a specific court order.
The approach was designed to strike a balance between protecting free speech and ensuring that illegal and harmful content can be removed. It prevents social media platforms, messaging apps and online forums from being held automatically responsible for users’ posts, while empowering courts to intervene when necessary.
But the 2014 law stops short of creating detailed rules for content moderation, leaving much of the responsibility in the hands of platforms such as Facebook and X.
In response to the disinformation campaigns and the attacks, Brazil’s Supreme Court initiated two inquiries – the digital militias inquiry and the antidemocratic acts inquiry – to investigate groups involved in the plot.
As part of those inquiries, the Supreme Court requested social media platforms – such as Facebook, Instagram and X – to hand over the IP addresses and suspend accounts linked to those illegal activities.
But by this time, Musk, who has described himself as a free-speech fundamentalist, had acquired the platform, promising to support free speech, reinstate banned accounts and decrease significantly the platform’s content moderation policy.
It is easy to get distracted by the barbs, swipes and bluster of the ongoing and very public spat between the world’s richest man and a fierce justice on Brazil’s highest court. Elon Musk, the billionaire owner of X, posts regularly of his contempt for Supreme Court Justice Alexandre de Moraes – a man Musk has labeled a “dictator” and “Brazil’s Darth Vader.” He makes these comments on a social media platform that Moraes has banned in Latin America’s most populous country as part of a lengthy campaign against disinformation.
But as an expert on Brazilian digital law, I see this as more than just a bitter personal feud. X’s legal battle with Brazil’s Supreme Court raises important questions about platform regulation and how to combat disinformation while protecting free speech. And while the focus is on Brazil and Musk, it is a debate being echoed around the world.
Countdown to the big fight
Things came to a head between Musk and Moraes in August 2024, but the battle has been years in the making.
In 2014, Brazil passed the “Marco Civil da Internet” or the “Internet Bill of Rights,” as it is commonly known. Backed by bipartisan support, this framework for internet regulation outlined principles for protecting user privacy and free speech while also creating penalties for platforms that break the rules.
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