Moraes includes Elon Musk in inquiry into digital militias

stf

Decision comes after multibillionaire publishes criticism of the STF and the minister

The minister of the Federal Supreme Court (STF), Alexandre de Moraes, ordered the inclusion of multibillionaire Elon Musk among those investigated in the so-called Digital Militia Inquiry (Inq. 4,874), which investigates the criminal activities of groups suspected of disseminating false news on networks to influence political processes.

In the same decision, made public on Sunday night (7), Moraes orders the opening of a “prevention investigation” to investigate the conduct of Musk, owner of the social network X (formerly Twitter), among several other companies. According to the minister, the inclusion of the businessman in the Digital Militias Inquiry was motivated by the possible “intentional [intencional] criminal exploitation of social network X”. The opening of another process is due to Musk’s recent statements, such as that he would release X user accounts suspended by Brazilian court decisions – conduct that, in his decision, Moraes typifies as possible cases of obstruction of justice and incitement to crime.

“I further determine that social network provider of R$ 100 thousand per profile and liability for disobedience to the court order of those legally responsible for the company in Brazil”, ruled Moraes.

Criticisms of the STF

The minister made his decision one day after the multibillionaire published, on social media, the first in a series of posts criticizing the minister and the STF. Last Saturday (6), Musk used the comment space on the minister’s own profile on X to attack him.

In a message dated January 11, in which Moraes congratulated retired STF minister Ricardo Lewandowski for taking command of the Ministry of Justice and Public Security, Musk asks: “Why do you demand so much censorship in Brazil?”

In another post, still on Saturday, Musk promised to “get up” [desobedecer] all judicial restrictions, alleging that Moraes threatened to arrest X employees in Brazil. Yesterday (7), in the early afternoon, shortly before the minister announced his decision, Musk accused Moraes of “blatantly and repeatedly betraying the Constitution and the Brazilian people”. Maintaining that Moraes’ demands violate Brazilian legislation itself, Musk defended that the minister resign or be removed from office.

Shortly afterwards, he recommended Brazilian internet users to use a virtual private network (VPN) to access all the platform’s resources blocked in Brazil.

Disinformation campaign

In his sentence, Moraes maintains that, “on the 6th of April”, the owner of in relation to criminal organizations”.

Moraes also cites another investigation – 4,781 – from 2019, which investigates signs of dissemination of false news, slanderous reports, threats and other infractions, to remember that the “criminal instrumentalization of providers of social networks and messaging services to [o cometimento] of the widest practice of criminal activities on social networks” is “evident”.

“I emphasize that it is unacceptable that any of the representatives of social media providers and private messaging services, especially the former Twitter, current X, are unaware of the criminal instrumentalization that has been carried out by the so-called digital militias, in the dissemination, propagation, organization and expansion of countless illicit practices on social media, especially in the very serious attack on the Democratic Rule of Law and the attempt to destroy the STF, National Congress and Palácio do Planalto, that is, the Brazilian Republic itself, especially after the coup attempt on January 8 2023”, commented Moraes, in his decision, remembering that he himself met, on different occasions, with representatives of the main digital platforms to discuss “the real danger of this criminal instrumentalization”.

“Providers of social networks and private messaging services must absolutely respect the Federal Constitution, Brazilian law and jurisdiction”, declared Moraes, adding that human dignity, the protection of the lives of children and adolescents and the maintenance of the Democratic State of Law “are above the financial interests of providers of social networks and private messaging services”. And the Brazilian legal system provides for the need for these companies to comply with all court orders and decisions, including those that determine the provision of personal data or other information that may contribute to the identification of users.

*With information from Agência Brasil

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