Justice Alexandre De Moraes announced the reversal of Brazil’s X ban earlier this month.
In a decision published online, De Moraes ramped up his war on what he called anti-democratic ‘digital militias’.
Presumably talking about Elon Musk, De Moraes’ initial ban blamed ‘extremist digital populists’ using social media networks to spread ‘hate speech, and anti-democratic messages’.
The eight-page announcement restated justifications for his August ban of the social media platform.
Notably, De Moraes’ original decision repeated globalist leftwing propaganda, labelling dissent from the political consensus as ‘disinformation’.
‘Use of disinformation,’ the eight-page release form declared, ‘erodes the pillars of Democracy, and the rule of the law.’
The government, his ruling declared, demands ‘absolute respect’ and compliance with ‘the decisions of the government judiciary’.
In other words, total compliance with what the judiciary demands and/or decides.
Point 1 of 8 made free speech the equivalent of violence, with De Moraes warning that ‘freedom of expression should not be confused with freedom of aggression’.
Without defining the terms, De Moraes called bans on ‘hate speech and incitement necessary’ then declared censorship of these social media platforms to be constitutional.
Point 2 reasserted the judiciary’s dominion over ‘private entities’ doing business in Brazil.
Stating the obvious, he reasoned that they should ‘respect the national legal system’ and ‘comply with direct commands issued by the Brazilian judiciary’.
Points 3 and 4 discussed in-country representation, where the entity is within reach of the government; and physically accessible, making X more accountable to Brazilian law, and the judiciary’s direct commands.
Points 5 through to 6 discussed civil liability, and X Brazil’s compliance with the direct commands of the judiciary.
Point 7 scolded X for ‘ostentatious and aggressive disrespect’ towards the ‘judicial orders of the Brazilian judiciary’.
Sub-points here included Elon Musk pulling staff out of the country and therefore out of the government’s reach.
This was accompanied by X having no legal representatives, and Musk not paying the fines issued by Brazil.
Point 7 also gave special mention to ‘numerous offensive posts reiterating contempt’ for the Brazilian ‘justice’.
Point 8 of 9 accused X of deliberate ‘non-compliance in order to establish an environment of total impunity and lawlessness on Brazilian social networks’.
Charging X with election interference, De Moraes alleged that X Brazil was aiding and abetting extremists ‘during the 2024 municipal elections’.
To this, he said, ‘X maintained and expanded itself as an instrument for digital militias, disseminating Nazi, racist, fascist, hateful, and anti-democratic speeches.’
Point 9 referred to the fiat banning X until a legal representative was appointed, and Musk paid what was effectively a free speech tax, in the form of a fine.
X challenged the ban, stating the company had complied with Brazilian law, and De Moraes’ demands.
In September, X acquired a legal proxy.
On October 4, X then paid USD $5.2 million (28 million Brazilian Real) in fines.
Ending X’s ban, Brazil’s Attorney General said that X blocking profiles for ‘spreading false information’, paying fines, and appointing a proxy, meant ‘there was no reason to prevent the company from resuming its activities’.
‘The initial reasons for the ban no longer stand.’
Consequently, De Moraes ‘decreed the termination of X’s suspension’ and then ordered telecommunications companies to comply.
Alliance Defending Freedom International (ADF) said they won’t be backing down.
‘He’s [De Moraes] only now agreeing to lift the blockade, after the elections are over.’
‘Censorship has been a persistent and escalating problem in Brazil since 2019,’ ADF’s Director for Latin America explained.
‘We will continue to make the case that the actions of De Moraes and the greater climate of censorship are unacceptable, until the day that freedom of expression and information are once again secured for all in Brazil.’
De Moraes stopped short of declaring victory in what appears to have been a political exercise.
He admits that the 39-day war on Musk was motivated by local elections.
Hinting at the X ban being about ‘saving democracy’, De Moraes effectively said he killed free speech in order to save democracy.