The Brazilian Supreme Court is looking into Elon Musk for allegedly obstructing and spreading false information

A vigilante judge of the Brazilian Supreme Court named Elon Musk as a target in an ongoing probe into the spread of false information and launched a second probe against the CEO for possible obstruction late on Sunday.

Justice Alexandre de Moraes noted in his ruling that Musk had started a public “disinformation campaign” on Saturday about the actions of the top court, and that Musk had carried it out the following day, most notably by saying that his social media company X would no longer abide by the court’s orders to block specific accounts.

De Moraes added, “Facts that disrespect the sovereignty of Brazil are the flagrant conduct of obstruction of Brazilian justice, incitement of crime, public threat of disobedience of court orders, and future lack of cooperation from the platform.”

According to the decision’s language, Musk will be looked into for allegedly purposefully criminalizing X. This is part of an inquiry into a group of individuals known as “digital militias” who are accused of spreading threats and false information against Supreme Court judges. The purpose of the new inquiry is to determine if Musk participated in incitement, criminal organization, or obstruction.

De Moraes has long been accused by Brazil’s political right of going too far in suppressing free speech and engaging in political persecution. Lawmakers from former President Jair Bolsonaro’s inner circle have been jailed and the residences of his supporters have been searched as part of the digital militias probe. In 2021, Bolsonaro himself became a focus of the probe.

De Moraes’ supporters claim that despite being unusual, his decisions are legal and essential to eradicate fake news from social media and eliminate threats to Brazilian democracy, which were most notably highlighted by the January 8, 2023, uprising in the country’s capital that was eerily similar to the January 6, 2021 uprising in the US Capitol.

Musk, a self-described absolutist when it comes to free speech, wrote on X on Saturday that the platform will remove all limitations on banned accounts. He also projected that this action would probably result in a decline in sales in Brazil and compel the firm to close its local operation.

However, he stated, “Principles matter more than profit.”

Later, he claimed that de Moraes’ requests were illegal in Brazil and stated that X will disclose them all, telling users in Brazil to use a VPN in case X was taken down.

He subsequently stated, “These are the most draconian demands of any country on Earth.”

As of late Sunday, Musk had not made public de Moraes’ requests, and notable barred users continued to do so, suggesting that X had not yet taken any action in response to Musk’s earlier promises.

De Moraes’ ruling cautioned against doing so, stating that anybody found guilty of breaching a court order will be held legally accountable and that each banned account that X ultimately reactivates would incur a punishment of 100,000 reais ($20,000) per day.

The attorney general of Brazil wrote on Saturday night about how vital it was for Brazil to control social media sites. “We cannot live in a society where foreign-domiciled millionaires dominate social media and place themselves in a position to flout the law, disobey court rulings, and pose a danger to our government. Negotiating social peace is not an option, as Jorge Messias said on X.

Following the military dictatorship that ruled Brazil from 1964 to 1985, the constitution was written with many lofty ideals and outlaws against certain offenses like racism and, most recently, homophobia. However, speech freedom is not unrestricted. AP