2024-04-16 18:09:00
Billionaire Elon Musk has launched a series of attacks once morest the Brazilian justice system and Federal Supreme Court minister Alexandre de Moraes, since Saturday, April 6th of this year.
The clash generated expectations of a possible ban on X (Twitter) in Brazil. What violations occurred in this case? O TudoCelular Detective separated the main information for you in this column.
Musk x Moraes
The impasse took place on April 6, when Musk threatened on his official account on Brazil.
Furthermore, the businessman called minister Alexandre de Moraes a “dictator” and that he should “resign or be impeached”. He also insinuated that the platform’s employees in Brazil needed to be taken to a safe location, as if they were in some kind of danger.
After being attacked, Moraes included Elon Musk in the digital militia investigation. The judge also determined a daily fine of R$100,000 per unblocked profile, if this happens.
Violets
Elon Musk’s dissatisfaction with Brazilian Justice is reflected in resolution No. 23,732, published in February this year by the Superior Electoral Court. It establishes that digital platforms will be responsible if they refuse to remove content in “risky cases”.
The focus is to prevent third-party publications with misinformation on social media from influencing the municipal elections, which will take place in October this year. The penalty for this includes fines.
There would still be another infraction in progress. According to lawyer Tereza Mansi, from the Brazilian Association of Jurists for Democracy (ABJD), it constitutes a violation of art. 330 of the Penal Code, which establishes as a crime “disobeying the lawful order of a public official”.
She reinforces, in a statement to Brazil Agencythat this attitude encourages people to continue committing the crime of promoting democratic disruption on the internet.
“His actions reinforce the connection between digital militias and digital platforms. Because it might be the other way around. He might be working to curb these behaviors within the platform and he is doing the opposite. If they had that suspended account penalty and he [Musk]By arbitrarily reactivating these accounts, he is encouraging people to continue committing crimes. There is this connection.”
Tereza Mansi
Brazilian Association of Jurists for Democracy (ABJD)
There is also a lawsuit filed by the Instituto Fiscalização e Constrole and the Educafro association, which are asking for a fine of R$1 billion for civil compensation for collective moral and social damages to Brazilian society, as well as the permanent exclusion of publications offensive to the Brazilian legal order. .
According to the organizations, Musk’s posts “they challenge Brazilian judicial decisions, subvert the principle of sovereignty and attack public and democratic order, using economic power and the media to disregard the laws.”
Musk no world
Brazil is not the only place in the world where Musk has tried to impose himself in opposition to current laws. In Europe, the billionaire even made statements once morest advances in Scotland’s legislation once morest hate speech in digital media and the European Union’s Digital Services Act.
As a result, the “Old Continent” bloc began to investigate the businessman for failing to curb the spread of hate and Fake News on his platform. According to the vice-president of the European Commission, Vera Jourová, X (Twitter) is the service with the highest rate of disinformation posts among all networks.
On the other hand, in China, where there is control over social networks, Musk is not only silent, but also has a Tesla factory where 771,447 electric vehicles were produced in January this year. In fact, between electric vehicles and hybrids, the billionaire’s automaker sold 684,000 in the same month, across the entire Chinese market.
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Regulation of social networks
When offering the service in Brazil, Musk and his company must follow Brazilian legislation, and not California – where the company is headquartered. The Internet Civil Rights Framework, approved in 2014, establishes rights, duties and guarantees within the digital world, including the need to exclude irregular content through a court order.
This point, present in art. 19, may be debated once more by the Federal Supreme Court. Ministers Dias Toffoli and Luiz Fux waved to reopen the trial in which social networks and platforms themselves should be proactive when combating misinformation and hate speech.
In turn, the president of the Chamber of Deputies, Arthur Lira, signaled the opening of a working group to discuss new regulation of social networks. There is already a bill approved in the Senate, but it has been stalled for approximately a year in the Chamber.
“Every right can be reduced in scope to the detriment of another right. It is society that makes these choices. Now the time has come for society to establish the limits of freedom of expression. Lies were always condemned. But now, will this area of the internet become a field exempt from truth or the obligation of truth? I want to believe that not because it would violate the entire logic of the legal system.”
Antonio Carlos de Freiras Jr.
Specialist in Electoral Law and master in Constitutional Law from USP
One of the objectives with legislation on the subject is that not only social networks, but also the use of Artificial Intelligence have standards in the country. This would prevent chatbots from violating copyright or improperly accessing files and other sensitive information without proper permission.
What is your assessment of Musk’s offensive once morest the Brazilian Judiciary? Participate with us!
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