Twitter Shutdown in Brazil: A Judicial Coup?

In the last column, I discussed the arrest of Telegram’s owner in Paris and Elon Musk’s confrontation with members of the European Commission over events in the UK via Twitter (X). I concluded with this observation: “Each state defines crimes differently. Child pornography is illegal in France, while in India, cattle slaughter is prohibited. How will Telegram choose between states if forced to decide? Where will the struggle between nation-states and tech giants lead? That remains to be seen.”

A new chapter of this struggle has unfolded in Brazil. Elon Musk’s Twitter is now banned in the country. Let’s explore what happened.

First, let’s get to know Alexandre de Moraes, the Brazilian Supreme Court judge responsible for the Twitter ban. He is a complex figure. His career began as a professor at Sao Paulo Law School, and he later joined the Brazilian Social Democracy Party (PSDB), a leftist faction distinct from the Workers’ Party, from which current President Lula hails. Moraes served as Secretary of Public Security for the State of Sao Paulo and eventually became the country’s Minister of Justice and Public Security. During that period, commentators often described Moraes as “power-hungry.” In 2017, at 49, he was appointed to the Brazilian Federal Supreme Court by then-President Michel Temer. In Brazil, Supreme Court justices are appointed by the president, confirmed by the Senate, and serve until age 75.

Moraes became internationally recognized for his decision to shut down social media accounts spreading fake news in support of right-wing President Bolsonaro during the elections. These decisions were made by Brazil’s Superior Electoral Court, whose president is appointed by the Federal Supreme Court justices by the chief justice. This demonstrates the judiciary’s notable independence in Brazil. After the election, Bolsonaro supporters used Telegram message groups to organize the storming of the capital, Brasília, which resulted in a temporary shutdown of Telegram. Both Telegram and Twitter are central players in Brazil’s ongoing disputes.

The real clash began when Elon Musk took control of Twitter and renamed it “X.” Judge Moraes continued shutting down accounts he considered spreading false information from the right. However, in a bold move, Musk restored those accounts. He publicly announced this decision with a tweet, “Judge Moraes has betrayed the Brazilian Constitution and its people. He should be prosecuted!” Musk further accused Moraes of threatening to imprison his employees to silence them. In response, Brazil’s Attorney General stated, “No one is above the law, not even the richest person in the world!”

As Musk persisted, Moraes escalated matters. Not only did he order the shutdown of Twitter, but he also warned that Twitter employees in Brazil could be arrested. Moreover, he issued a seizure order on the Brazilian assets of Musk’s space company, Starlink. It’s important to note that Starlink is a publicly traded company in the US, with Musk owning only 40%.

At present, Elon Musk seems to have conceded to Judge Moraes. Twitter remains banned in Brazil, and under Musk’s leadership, Starlink has also blocked its users in Brazil from accessing Twitter. Faced with the risk of his employees being arrested, Musk has decided to step back, especially after Moraes’ orders were upheld by the Brazilian Supreme Court. Nonetheless, Musk is unlikely to let this go quietly. He has already voiced his frustrations on Twitter and may seek retribution soon. Not long ago, Musk tweeted that the US should seize Brazilian assets, such as ships in American ports, much as it did with Venezuela.

So, who emerges victorious in this battle? It seems Judge Moraes has the upper hand. But has the Brazilian public benefited? What will happen if other nations follow Brazil’s example and adopt a harsher stance on social media? Everything in Brazil appears to be legal. But when you delve into Judge Moraes’ complex personality, the boundaries between law and personal influence blur rapidly.

According to Freedom House’s democracy rankings, Brazil is categorized as “partly free,” with an internet freedom score of 72 out of 100. In contrast, Turkey scores only 30, placing it in the “not free” category. Yet, Twitter remains accessible in Turkey. This suggests that in the era of social media, drawing clear, universal lines between democracy and law is not as straightforward as one might think!

This article is a translated version of ‘Brezilya’da Twitter kapandı: Yargı darbesi mi?’ which was initially published in Economic Daily (Nasıl Bir Ekonomi Gazetesi) on September 06, 2024.