A Brazilian court has announced that it will be opening an investigation into X owner Elon Musk for obstruction of justice, after Musk reactivated far-right accounts that the Brazilian government had flagged for removal. The announcement came after Musk called for Brazilian Supreme Court Justice Alexandre de Moraes, who heads the country’s Superior Electoral Court (TSE), to “resign or be impeached,” and a statement from X alleged that the orders to remove the accounts violate the Brazilian constitution.
While the court has not released the list of accounts it requested for blocking or investigation, the São Paolo–based newspaper Estadão reported that it includes the fugitive far-right influencer Allan dos Santos, a supporter of president Jair Bolsonaro. (Dos Santos fled the country in 2020 to avoid investigation for disseminating disinformation.) The list also includes right-wing YouTuber Bruno Aiub, known as Monark, who has over 1 million followers on X and has argued that Brazil should recognize the Nazi party, and Brazilian billionaire and Bolsonaro-supporter Luciano Hang.
Separately, after taking over the company, Musk reactivated the accounts of Brazilian far-right politicians Carla Zambelli, Gustavo Gayer, and Nikolas Ferreira. Ferreira, a Bolsonaro supporter, openly questioned the security of Brazil’s electronic voting machines, even though he won his local legislative race.
“All of these names have been problematic for years on social media,” says Flora Rebello Arduini, campaign director at the nonprofit advocacy organization Ekō. “They’ve been pushing for the far-right and election misinformation for ages.”
When Musk purchased Twitter in 2022, later renaming it X, many activists in Brazil worried that he would abuse the platform to push his own agenda, Arduini says. “He has unprecedented broadcasting abilities. He is bullying a supreme court justice of a democratic country, and he is showing he will use all the resources he has available to push for whatever favors his personal opinions or his professional ambitions.”
Under Musk, X has become a haven for the far right and disinformation. After taking over, Musk offered amnesty to users who had been banned from the platform, including right-wing influencer Andrew Tate, who, along with his brother, was indicted in Romania on several charges including with rape and human trafficking in June 2023 (he has denied the allegations). Last month, one of Tate’s representatives told the BBC that “they categorically reject all charges.”
A 2023 study found that hate speech has increased on the platform under Musk’s leadership. The situation in Brazil is just the latest instance of Musk aligning himself with and platforming dangerous, far-right movements around the world, experts tell WIRED. “It’s not about Twitter or Brazil. It’s about a strategy from the global far right to overcome democracies and democratic institutions around the world,” says Nina Santos, a digital democracy researcher at the Brazilian National Institute of Science & Technology who researches the Brazilian far right. “An opinion from an American billionaire should not count more than a democratic institution.”
This also comes as Brazil has continued working to understand and investigate the lead-up to January 8, 2023, when election-denying insurrectionists who refused to accept right-wing president Jair Bolsonaro’s defeat stormed Brazil’s legislature. The TSE, the country’s election court, is a special judicial body that investigates electoral crimes and is part of the mechanism for overseeing the country’s electoral processes overall. The court has been investigating the dissemination of fake news and disinformation that cast doubt on the country’s elections in the months and years leading up to the storming of the legislature on January 8, 2023. Both Arduini and Santos believe that the accounts Musk is refusing to remove are likely connected to the court’s inquiry.
“A life-and-death struggle recently took place in Brazil for the democratic rule of law and against a coup d’état, which is under investigation by this court in compliance with due legal process,” Luís Roberto Barroso, the president of the federal supreme court, said in a statement about Musk’s comments. “Nonconformity against the prevalence of democracy continues to manifest itself in the criminal exploitation of social networks.”
Santos also worries that Musk is setting a precedent that the far right will be protected and promoted on his platform, regardless of local laws or public opinion. “They are trying to use Brazil as a laboratory on how to interfere in local politics and local businesses,” she says. “They are making the case that their decision is more important than the national decision from a state democratic institution.”
Though Musk has claimed to be a free-speech advocate, and X’s public statement on the takedowns asserts that Brazilians are entitled to free speech, the platform’s application of these principles has been uneven at best. In February, on order of the Indian government, X blocked the accounts Hindutva Watch and the India Hate Lab in India, two US-based nonprofits that track incidents of religiously motivated violence perpetrated by supporters of the country’s right-wing government. A 2023 study from the Berkman Klein Center for Internet and Society at Harvard found that X complied with more government takedown requests under Musk’s leadership than it had previously. In March, X blocked the accounts of several prominent researchers and journalists after they identified a well-known neo-Nazi cartoonist, later changing its own terms of service to justify the decision.
X did not respond to a request for comment about why the company made a public statement condemning the Brazilian court’s takedown orders but not those issued by other governments.
“We have a background that is different from the US. It’s more similar to the European concept of freedom of expression,” says João Brant, digital policy secretary for Brazil’s Secretariat of Social Communication. “You can discuss the elections, of course. The problem was, affirming categorically that there has been fraud and that the electoral court has not acted upon. It’s perfectly OK to discuss judicial orders, but it’s also important to comply with them.”
Update 4/9/24 9:51 am EST: This story previously stated incorrectly that Andrew Tate had been convicted of human trafficking. He has been charged, but the case remains pending. Tate has denied the charges.
