Brazil’s Conservatives Watch Nervously as Elon Musk Caves on X Ban

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Prominent Brazilian conservative leaders who stood in defense of X (formerly Twitter) following its ban in Brazil have not issued public statements at press time regarding its recent decision to cave on censorship demands from the Supreme Federal Tribunal (STF).

The STF is Brazil’s top court. STF Minister (justice) Alexandre de Moraes, a self-styled “anti-fake news” crusader, imposed a nationwide ban on X at the end of August after the social media platform refused to comply with censorship orders against its users and appointed a new legal representative in the country.

Brazilian opposition lawmakers — most notably members of the conservative Liberal Party that former President Jair Bolsonaro is part of — condemned the ban on the social media site in Brazil and accused de Moraes of abusing his authority. Some called for his impeachment, a rallying cry that de Moraes has faced for years in response to his persecution of conservative voices in the country.

Leftist lawmakers praised de Moraes for the ban, asserting that the suspension of the platform in Brazil was a result of the “exclusive irresponsibility” of its owner, Elon Musk.

Roughly three weeks after the ban, X announced that it would comply with de Moraes’ censorship court orders. Neither Musk nor X’s Global Government Affairs team has publicly commented on the platform’s decision at press time. The decision is of particular note given that Musk had personally attacked de Moraes, comparing him to Harry Potter villain Voldemort and demanding he be arrested.

The social media platform also reinstated Brazilian lawyer Rachel de Oliveira Villa Nova as its legal representative in the country in compliance with the court order. De Moraes reportedly took note of the lawyer’s reinstatement but demanded additional paperwork, giving the platform a five-day deadline to submit the required documentation.

CNN Brasil reported on Monday that X is preparing a formal request to de Moraes to have the platform reinstated following its decision to comply with censorship orders.

According to CNN Brasil’s Monday report, X’s legal team will present a document to de Moraes requesting it lift its ban on the platform and informing the judge that the platform has complied with all censorship requests, the appointment of a new legal representative, and the payment of all fines imposed.

The STF’s current president, Roberto Barroso, told the left-wing Brazilian newspaper Folha de Sao Paulo on Saturday that X will be “welcomed back” to the country if it complies with the law and court orders. Barroso made the assertion in remarks in New York on the sidelines of a panel within the framework of the seventy-ninth session of the U.N. General Assembly.

“Ideally, if X, like any company, has representation in Brazil and is willing to comply with Brazilian law and the orders of the Brazilian justice system, it will be welcomed back,” Barroso said.

“This is a case that is under another colleague [de Moraes], and I don’t like to give my opinion on cases that are under the supervision of other colleagues,” he continued.

X’s apparent capitulation to de Moraes’ censorship orders comes roughly two weeks after Bolsonaro rallied some 45,000 Brazilians in the city of São Paulo on September 7 — Brazilian Independence Day — for a peaceful demonstration in defense of freedom of speech amidst the growing censorship in Brazil under far-left President Luiz Inácio Lula da Silva. The ban on X was among several major issues addressed at the event.

De Moraes, while no longer the president of either the STF or the Superior Electoral Tribunal (TSE), has maintained an open inquiry against individuals and entities that spread “fake news” since 2019 and a separate inquiry open to investigate “anti-democratic digital militias” that allegedly spread “fake news” and “threaten democracy” in Brazil.

As part of his “crusade” against “fake news,” de Moraes has used the two inquiries to launch a widespread censorship campaign against Brazilian citizens, journalists, and politicians supportive of Bolsonaro. Some of the actions he has taken include ordering social media platforms — such as X, Facebook, and YouTube — to censor specific accounts, ordering police raids against conservative figures, and censoring Bolsonaro’s 2022 presidential campaign. The court banned the campaign from describing Lula da Silva as a “thief” or “criminal” in reference to Lula’s multiple convictions on corruption charges. Lula narrowly defeated Bolsonaro in the October 2022 runoff election.

Bolsonaro and his family have been the target of multiple raids, probes, and indictments that de Moraes signed off on. He also banned the former president from running for public office through 2030 for questioning the integrity of Brazil’s electoral system in 2022. In February, de Moraes ordered Bolsonaro to hand over his passport to local authorities, effectively trapping him in Brazil.

Another notable target of de Moraes’ censorship actions is former Congressman Daniel Silveira. In 2021, de Moraes ordered the arrest of Silveira — at the time a member of the Brazilian Congress — after Silveira published an expletive-laced video on YouTube that insulted the top court and its members.

In March 2022, Silveira defied the STF after he was ordered to wear an ankle monitor and barricaded himself in his office. Bolsonaro pardoned Silveira shortly after the incident, but the STF ultimately overturned the pardon in May 2023.

De Moraes and Musk have feuded throughout 2024 in light of Musk’s refusal to comply with the Brazilian judge’s censorship orders and ban accounts from the platform. In April, Musk accused de Moraes of rigging the 2022 Brazilian election and called for the judge’s ouster.

Brazilian Senator Marcos do Val, whose X account is subject to de Moraes’ censorship orders, issued a public statement on Sunday reaffirming his rights to freedom of speech under the Brazilian constitution and immunities provided to him by Brazilian law as a parliamentary.

He said:

Understanding that I am being politically persecuted, I inform everyone, especially the Judiciary, that in this post I reaffirm my rights guaranteed by the Federal Constitution. As a parliamentarian, I am protected by Article 53, which grants me immunity to express opinions and denounce irregularities in the exercise of my duties. Furthermore, as a Brazilian citizen, I invoke Articles 5 and 220, which ensure freedom of expression and communication.

“These rights not only allow but also compel me, as a Senator of the Republic, to denounce any abuses or illegalities I witness,” he continued. “However, the press has been manipulated due to a lack of accurate information and the spread of distortions and falsehoods, largely promoted by the Director-General of the Federal Police.”

Christian K. Caruzo is a Venezuelan writer and documents life under socialism. You can follow him on Twitter here.

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