Moraes opens investigation against Musk and sets fine for reactivating profiles

Minister Alexandre de Moraes, of the Federal Supreme Court (STF), ordered this Sunday night (7) the opening of an investigation against Elon Musk, owner of X (formerly Twitter), in reaction to the critical statements made by the businessman throughout the weekend, condemning the judge’s decisions regarding the platform. In the decision, Moraes asks for the inclusion of Musk as being investigated in another existing investigation, that of digital militias.

Musk promised on Saturday night (6) to reactivate profiles of Brazilian users who had been suspended by order of the STF and the Superior Electoral Court (TSE), considering the measures arbitrary and illegal. His decision was prompted by the revelations made by the case known as “Twitter Files Brazil”, which brought revelations of how the platform responded to Moraes’ requests in 2022. Against this decision by Musk, Moraes also determined that if X fails to comply with the legal measures it will be A daily fine of R$100,000 was applied to each profile that was reactivated.

“I also emphasize that it is unacceptable that any of the representatives of the providers of social networks and private messaging services, especially the current ex-Twitter ‘X’, are unaware of the criminal instrumentalization that has been carried out by the so-called digital militias”, he stated Moraes in his dispatch.

Between Saturday (6) and Sunday (7), Elon Musk made a series of posts on his platform in a critical tone towards Moraes, going so far as to suggest that he resign or face impeachment for having violated the Marco Civil da Internet and the Brazilian Constitution in terms of freedom of expression, one of its biggest flags.

Moraes wrote that the owner of orders issued by the Brazilian Court related to the blocking of criminal profiles that spread fraudulent news”.

For him, the strong evidence of “criminal instrumentalization” not only constitutes “economic abuse of power” by “trying to illegally impact public opinion, but also flagrant inducement and instigation to maintain various criminal conducts practiced by digital militias”.