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X marks the spot: Brazil’s standoff over Twitter ban and free speech

DATE POSTED:September 2, 2024
 Brazil’s standoff over Twitter ban and free speech

Now that Brazil has imposed a comprehensive ban on the social media platform X, there’s an escalating discussion over free speech and government censorship. This decision comes after X’s refusal to comply with Brazilian court orders demanding the removal of certain anti-government commentators, a standoff that questions the balance between regulation and freedom on the internet.

Why did Brazil ban X (Twitter)?

X, the prominent social media platform, now finds itself barred from operating in Brazil. The ban stems from its refusal to comply with a Brazilian Supreme Court order demanding the removal of seven anti-government commentators accused of fueling unrest in the region. X has contested the order, claiming a lack of sufficient evidence to justify such actions and is sticking firmly to its stance, advocating for “free speech” over compliance.

The story began in April when the Brazilian government identified specific accounts allegedly disseminating misinformation and hate speech. Despite the government’s directive, X resisted, citing the demand as legally unfounded under Brazilian law and inconsistent with its newly adopted moderation policies promoting free expression.

As tensions escalated, the threat of arrest loomed over local X employees, compelling the company to close its Brazilian office and evacuate staff two weeks ago. Subsequently, Brazilian authorities insisted on X appointing a legal representative within the country. The failure to meet this demand—due to the risk of potential arrest for the appointee—led to the platform’s ban from operating in Brazil just last week.

The people of Brazil are not happy with the current regime https://t.co/04n2aSsMA8

— Elon Musk (@elonmusk) September 1, 2024

Enforced penalties and platform restrictions

Brazil’s response to X’s non-compliance has been stringent. The country has not only banned the platform outright but has also mandated that the App Store and Google Play Store withdraw the app from availability. Moreover, individuals attempting to bypass this ban through VPNs, disguising their location to access X, face hefty fines—up to $8,900 for each violation.

The controversial posts and their aftermath

The heart of the controversy revolves around baseless assertions that the 2022 Brazilian election was manipulated. Following the election results, former President Jair Bolsonaro, unsuccessful in his re-election bid, claimed the electronic voting machines were compromised, leading to a skewed outcome against him. Echoing the aftermath of the U.S. Capitol riots on January 6th, Bolsonaro’s assertions spurred his supporters to launch protests, which escalated to attacks on key governmental buildings, including Brazil’s Congress, Presidential Palace, and Supreme Court.

The repercussions were significant: over 300 arrests were made, and Bolsonaro, having fled Brazil post-election, now faces an eight-year ban from political candidacy for his role in destabilizing Brazilian democracy. The accounts targeted by the Brazilian Supreme Court are linked to Bolsonaro’s administration and persistently deny the legitimacy of the 2022 election results, potentially fueling further discord.

Notably, Elon Musk, a vocal supporter of Bolsonaro during his presidency, had engaged in multiple business initiatives, including plans to expand internet services in Brazil through Starlink. However, these agreements have been discontinued by the succeeding administration.

 Brazil's standoff over Twitter ban and free speechNow Brazil has imposed a comprehensive ban on the social media platform X, there’s an escalating discussion over free speech and government censorship (Image credit) Brazil might fine VPN users

The New York Times has shed light on the escalating tensions surrounding X’s ban in Brazil, highlighting the substantial fines—nearly $9,000 per day—imposed on anyone in Brazil attempting to access the platform via VPNs. This extraordinary measure by Brazil’s Supreme Court underscores the seriousness with which the country is addressing the dissemination of disinformation.

The narrative surrounding the ban is not flattering for X or its CEO, Elon Musk. Initially prompted by the government’s directive to halt the spread of false information, Musk labeled the action as “censorship.” This standoff has painted Musk into a corner, as any retreat now could appear as capitulating to Brazilian authorities.

Musk’s firm stance, if genuinely driven by legal concerns and principles, aligns with his vision for X. However, this conflict has already begun to impact the platform financially and in terms of user engagement in Brazil, with many users migrating to alternative apps.

Amidst this controversy, Bluesky, a platform launched earlier this year as a counter to the monopolization by platforms like Twitter, has seen a resurgence in popularity, particularly in Brazil. Its interface, mirroring X’s blue and white design, has appealed to former users of X. Although still significantly smaller than giants like X and Threads, Bluesky’s user base reportedly doubled last month, reaching an estimated 7.79 million globally.

A spokesperson for Bluesky expressed excitement about hosting users seeking alternatives in the wake of Brazil’s ban, affirming the platform’s commitment to transparency, openness, and user-centric values. Whether Bluesky will maintain its momentum or if users will revert to larger platforms like X remains uncertain. However, for now, Bluesky appears to be benefiting from X’s exclusion from the Brazilian market.

Celebrity critiques on platform freedom

Not only has Brazil taken a firm stand against platform X, but prominent figures like Mark Cuban are also voicing skepticism about the freedom Elon Musk purports to uphold on the platform. Cuban expressed his concerns directly on X, contradicting the notion that it’s a paragon of free speech.

“I know everyone thinks this platform is a bastion of free speech. I see the opposite,” Cuban stated in a post. Musk has publicly committed to enhancing the platform by introducing new features, making algorithms open source to foster trust, combating spam bots, and ensuring all users are verified humans. However, Cuban observes a discrepancy between these promises and the current state of affairs on X.

“It’s only as free as Elon wants it to be. He can intimidate. He can alter the algorithm. He can suspend anyone he wants at any time,” Cuban articulated, underscoring Musk’s control over the platform. “He is the ultimate arbiter of everything on here. And the biggest power play is him making everyone think their speech is free speech until he decides it isn’t, and there is nothing any of us can do about it.”

I don’t think it’s tragic. I like to engage with different people on any number of topics. Kills time when I’m doing cardio or in between emails.

I know everyone thinks this platform is a bastion of free speech. I see the opposite.

It’s only as free as Elon wants it to be.…

— Mark Cuban (@mcuban) September 1, 2024

Despite his criticisms, Cuban continues to engage on X, finding some enjoyment in the interactions. “Which is why whenever he calls me out or calls me names, I’ll throw something back at him. It’s fun,” Cuban revealed in his exchange with Voulgaris. “And you know I always enjoy and respect our back and forth.”

Cuban also mentioned the personal value he finds in these interactions, “I don’t think it’s tragic. I like to engage with different people on any number of topics. Kills time when I’m doing cardio or in between emails.”

This isn’t the first instance of Cuban accusing Musk of personalizing X’s operations to his preferences. In a recent appearance on “The Daily Show,” Cuban suggested that Musk might have tailored X’s algorithm to align with his personal biases.

 Brazil's standoff over Twitter ban and free speechNot only has Brazil taken a firm stand against platform X, but prominent figures like Mark Cuban are also voicing skepticism about the freedom Elon Musk purports to uphold on the platform (Image credit) Where do we draw the line between free speech and unlawful activity?

While platforms like X offer unprecedented opportunities for expression, they also face challenges in navigating the complex interplay of global legal standards and users’ diverse expectations.

Free speech involves the ability to express opinions without unwarranted censorship. However, when such expressions incite violence, spread misinformation, or disrupt public order, they veer into territories that most legal systems define as criminal. The role of tech companies in moderating such content is pivotal and often contentious, particularly when their policies intersect with national sovereignty and security concerns.

Justice in this digital age requires a delicate balance, ensuring that while the freedom to speak one’s mind is preserved, it does not become a shield for harmful activities. As platforms and policymakers grapple with these issues, the dialogue between freedom and regulation remains ever crucial. This balance will ultimately shape digital communication, ensuring that free speech does not come at the cost of public safety and order.

Featured image credit: Kerem Gülen/Midjourney