Elon Musk slams Brazilian judge; top court orders probe. What's the case against X?

Tensions between Elon Musk and Brazil escalated on Sunday when a Supreme Court judge initiated an inquiry into the billionaire's actions following Musk's announcement that he would reinstate accounts on the social media platform X, despite the judge's prior orders to block them.

Shortly after Musk initially criticised Judge Alexandre de Moraes, Brazil's Attorney General Jorge Messias urged urgent regulation of social networks. According to news agency AFP, Judge Moraes accused the owner of X of “criminal instrumentalisation” of the platform in the document.

Judge Moraes said, “The social network X must adhere to court directives, which includes abstaining from reactivating an account that the Supreme Court has instructed to be suspended.”

The judge said that if X does not adhere to the directive to block specific accounts, the company will face fines of 100,000 reais ($19,740) per day, as per a statement provided to the press.

Musk, X, and Brazilian authorities have not revealed the specific social media accounts subject to the blocking order. X initially mentioned the blocking order on Saturday, but the timing of the directive's issuance remains unclear.

What is the case that ordered blocking of X accounts?

Judge Moraes has been leading the charge against misinformation in Brazil. Over the past few years, according to AFP, he has directed the suspension of accounts belonging to influential social media figures, many of whom are supporters of Jair Bolsonaro.

In his directive, the judge emphasised, in capital letters, that "social networks are not lawless territories."

Starting Saturday evening, Musk on X (formerly Twitter), which he acquired in 2022, launched a series of criticisms against Moraes. Responding to Moraes's threats of significant fines and potential platform access restrictions, Musk said, “We will probably lose all revenue in Brazil and have to shut down our office there.” He added, “But principles matter more than profit.”

Bolsonaro is also being investigated over an attempted coup to prevent his 2022 electoral defeat against the current leftist president, Luiz Inacio Lula da Silva, after a crowd of Bolsonaro supporters stormed the headquarters of the country's three branches of power in Brasilia.

"We cannot live in a society where billionaires who live abroad control social networks and show themselves willing to violate the rule of law, disobeying judicial orders and threatening our authorities," Judge Moraes said on X, without mentioning Musk by name.

Musk, in an X post on Saturday evening, accused Moraes of “brazenly and repeatedly” betraying the constitution and people of Brazil. “This judge has applied massive fines, threatened to arrest our employees and cut off access to X in Brazil,” he said in the post.

Who is Judge Alexandre de Moraes?

Judge Alexandre de Moraes is a polarising figure in the judiciary. Some view him as “authoritative”, while others consider him a “staunch defender of democracy.” He is one of the 11 members of Brazil's high court and heads the country's Superior Electoral Tribunal (TSE).

In 2023, Moraes, in his capacity at the TSE, rendered the far-right former president ineligible to seek office due to his dissemination of false information about Brazil's electoral system.

Critics allege that Moraes restricts and censors free speech in Brazil. Nonetheless, the judge is recognized for spearheading the fight against misinformation in the country, evidenced by his recent orders to block social media accounts belonging to influential individuals.