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420 points rvz | 44 comments | | HN request time: 2.701s | source | bottom
1. nickpsecurity ◴[] No.41409175[source]
One of the linked articles said it boiled down to X being ordered to censor political opponents of those in power. They chose not to. I’m glad.

Now, traffic is going to Bluesky. I wonder if this means that Bluesky has or will be offered the same choice. We might see what the character of that organization is by what choice they make.

replies(5): >>41409222 #>>41409280 #>>41410649 #>>41414032 #>>41418351 #
2. katbyte ◴[] No.41409222[source]
Elon musk was happy to allow government “censorship” it turkey India and other countries where it aligned with his views.
replies(2): >>41409628 #>>41410697 #
3. esharte ◴[] No.41409280[source]
Did you miss the whole part where these "policial opponents" attempted a coup against the democratically elected president?
replies(2): >>41409453 #>>41410003 #
4. tourmalinetaco ◴[] No.41409453[source]
Everyone has a right to speech, even those you disagree with politically.
replies(2): >>41412988 #>>41423050 #
5. ◴[] No.41409628[source]
6. matheusmoreira ◴[] No.41410003[source]
There was no coup. There was a protest. The protesters wanted the military to enact a coup. And the military did not attempt a coup. You simply cannot claim that elderly people with bibles and flags amounts to a coup or even an attempt at one.

This was discussed at length only two days ago. If you disagree with this, just refer to this comment thread:

https://news.ycombinator.com/item?id=41387024

My account is rate limited to ~5 posts/hour so I don't plan on recreating that thread here.

replies(1): >>41415358 #
7. bsnsxd ◴[] No.41410649[source]
"censor political opponents" is the most intellectually dishonest take, and in it lies the whole root of the discussion. Said opponents' accounts were asked to be shut down, not because they are opponents, but because they were being used to commit crimes against the electoral justice. The Supreme Court is a lifetime seat meant to not be caught in bi-yearly electoral politics, so it can oversee it, this current judge was the appointed by draw the judge of the whole "fake news inquiry", like every thing at the supreme court, he was also the elected president of the Supreme Court at the time of the previous elections (he was elected president by his colleagues in the supreme court). If the president at the time, or the drawn judge, was to be pro-coup, then we wouldn't have this whole debacle and elon musk would probably be CEO of Brazil at this moment. Since elon musk became owner of Twitter, brazillian court has struggled significantly more to obtain data from criminal accounts (a famous example being hate speech accounts that were not shut down, nor "doxxed" to the court, since according to twitter the hate speech didn't break TOS), to a point where it became impossible, so the court had to act, this situation has been boiling for a few years with Elon trying to strongarm his will in the country, he raised the bets, STF's called his bluff.
replies(2): >>41413482 #>>41413666 #
8. nickpsecurity ◴[] No.41410697[source]
I was commenting strictly on what’s in the articles’ links. If he did that, it would be just as deplorable as the censorship they were claiming to oppose.
replies(1): >>41418774 #
9. jazzyjackson ◴[] No.41412988{3}[source]
I guess the assertion above is that they were not banned for mere speech?
replies(1): >>41413188 #
10. pessimizer ◴[] No.41413188{4}[source]
I don't think it is. I think the assertion is that people who have been accused of supporting something that has been seen as a coup by supporters of the administration should have their speech banned, anyone who helps them speak should be arrested, and anyone who listens to them speak should be fined $10,000 per violation.
11. gruez ◴[] No.41413482[source]
>Said opponents' accounts were asked to be shut down, not because they are opponents, but because they were being used to commit crimes against the electoral justice.

What are the "crimes" they're being accused of? Getting the opposition locked for "crimes" is basically authoritarianism 101. See: Venezuela[1]

[1] https://en.wikipedia.org/wiki/2024_Venezuelan_presidential_e...

replies(1): >>41414452 #
12. mensetmanusman ◴[] No.41413666[source]
It’s a crime to dishonor corrupt judges though… so it’s morally okay to not follow that law.
13. throwadobe ◴[] No.41414032[source]
It boiled down to X not taking down accounts associated with individuals with outstanding warrants who were inciting violence. Brazilian law requires X to do so.
replies(3): >>41414182 #>>41414802 #>>41418371 #
14. paulvnickerson ◴[] No.41414182[source]
Including a sitting senator and a pastor... [1]

[1] https://x.com/AlexandreFiles/status/1829979981130416479

replies(1): >>41414204 #
15. throwadobe ◴[] No.41414204{3}[source]
Are senators or pastors above the law?

Go read the decision: https://www.conjur.com.br/wp-content/uploads/2024/08/PET-124...

More generally, one doesn't get to say "No, judge, I won't comply with your decision" without repercussions.

replies(1): >>41414590 #
16. matheusmoreira ◴[] No.41414452{3}[source]
Crimes like calling the current president a condemned criminal. Which he once was. I watched them arrest him, and I watched multiple judges condemn him. Then these judges erased his crimes due to some technicality and made him innocent again, and we're all supposed to just magically unring the bells and wash our memories of these facts, or be censored.

Crimes like calling the current president a friend of dictators. Which he is. This guy rolled out the red carpet for the Venezuelan dictator months after he was elected. He also defended his recent "reelection".

Crimes like calling the current president a communist/socialist. Which he is. He literally calls himself one. I even have videos.

It's all "fake news" according to the judges.

17. macinjosh ◴[] No.41414590{4}[source]
Seems like the repercussions are mainly on Brazilian citizens who cannot access free and open information.
replies(1): >>41416781 #
18. UberFly ◴[] No.41414802[source]
>X not taking down accounts associated with individuals with outstanding warrants who were inciting violence

God this sounds so 1984-ish.

19. a_victorp ◴[] No.41415358{3}[source]
Asking for a coup IS an attempted coup
replies(2): >>41415571 #>>41418094 #
20. neonsunset ◴[] No.41415571{4}[source]
When we, Ukrainians, stood up to oligarchiat/mafia russian-puppet governing party in 2013-2014, what do you call this?
replies(2): >>41418214 #>>41464441 #
21. throwadobe ◴[] No.41416781{5}[source]
Factually incorrect. Plenty of free and open information in other networks in Brazil and through its free press.
22. matheusmoreira ◴[] No.41418094{4}[source]
I don't think so. It's just a political position. Those people would rather the military ruled over them.
23. ◴[] No.41418214{5}[source]
24. avsteele ◴[] No.41418351[source]
At this point, I'm only mildly surprised by the pro-censorship sentiments which are prevalent here at HN. Still, for those with an open mind...

Read the NY times article; it is not amazing well done but serves to show how unaccountable the orders of the judge are.

https://www.nytimes.com/2024/08/31/world/americas/brazil-x-b...

Then read the orders from the judge (as claimed by X). "Secretly ban this sitting senator within a few hours"

https://x.com/AlexandreFiles/status/1829979981130416479/phot...

replies(2): >>41426753 #>>41426781 #
25. insane_dreamer ◴[] No.41418371[source]
The problem with Elon is that he's decided to pick and choose which countries he will comply with local legislation on, and which ones he won't. So India, Turkey, he did. Brazil, he didn't.

Maybe the Supreme Court in Brazil is "wrong" and "corrupt" where legislators in India and Turkey are not, but knowing a fair bit about all three countries, I doubt very much that to be the case. So then it's a business decision -- or more like a "whatever pisses Elon off" decision, which in the end is just as "corrupt" as your typical corrupt dictator who acts on whatever pisses them off.

replies(1): >>41418572 #
26. blackeyeblitzar ◴[] No.41418572{3}[source]
It’s a question of what is legal in each country. The censorship orders in Australia and India and Turkey complied with local laws so X stuck to their policy of following them. I detest censoring and authoritarianism in general, but X has publicly stated their policy is to comply with laws in each area.

One thing I’ll mention: after Musk acquired X in 2022, they were engaged in a lawsuit against the government of India in 2023 to fight censorship orders, that they ultimately lost (https://www.bbc.com/news/world-asia-india-66083645). Not that it matters because India ended up passing various regulations (legally) that give their agencies various powers to censor.

Note that in Brazil, no new legislation or constitutional amendment was passed that would give this one Supreme Court justice this power to censor, ban, or arrest. Also note that the orders aren’t from the Supreme Court but one person sitting on it, Alexandre de Moraes.

replies(3): >>41418628 #>>41418641 #>>41419186 #
27. insane_dreamer ◴[] No.41418641{4}[source]
Moraes was granted that authority by the Supreme Court, so it is legal. Whether it's right or wrong is a different question, but Moraes' actions are not "illegal".

Moraes does seem to be acting like an unaccountable little dictator in his fiefdom, which is dangerous. But then again Elon acts like an unaccountable little dictator in his fiefdom, which is also dangerous, so I don't really mind that X is getting banned. I'd feel completely differently if it were Mastodon or even some other commercial network over which a single person doesn't have an iron grip.

replies(1): >>41420078 #
28. fjkdlsjflkds ◴[] No.41418774{3}[source]
> If he did that, it would be just as deplorable [...]

No need for hypotheticals. He did do that (this is an easily-verifiable fact [1][2][3]).

> [...] the censorship they were claiming to oppose.

The thing is that this is clearly an empty claim, when Musk has no problems either complying with similar censoring orders from right-wing governments (Modi, Erdogan) or with arbitrarily censoring people for using medically-approved terms (like "cis" or "cisgender") that he simply does not like [4][5].

All of this censorship by Twitter is (legally) 100% within their right to do, as a private entity, but then whatever claims he (or Twitter) has of being a "defender of free speech" ring a bit hollow.

Given these things, the more plausible explanation for Musk's actions is not that he wants to defend free speech (or that he is fundamentally against censorship), but simply that the request comes from a (left-wing) government that is not ideologically aligned with his views.

It's a choice. But choices have consequences.

[1] https://slate.com/technology/2023/05/elon-musk-turkey-twitte...

[2] https://www1.folha.uol.com.br/internacional/en/world/2024/04...

[3] https://theintercept.com/2023/03/28/twitter-modi-india-punja...

[4] https://www.advocate.com/news/cisgender-restriction-x-twitte...

[5] https://nitter.poast.org/elonmusk/status/1719077000483066319...

replies(1): >>41419521 #
29. nateglims ◴[] No.41419186{4}[source]
Courts are part of the legal system in most of the world. It’s kind of sovcit to say otherwise.
30. fluoridation ◴[] No.41419521{4}[source]
Regardless of Musk's motivations, would you rather he had complied with this latest request? In other words, would you rather there's more censorship in the world?
replies(1): >>41419686 #
31. fjkdlsjflkds ◴[] No.41419686{5}[source]
The world is not black and white... there are shades of grey. Sometimes censorship is lawful and/or justified, sometimes it is not.

I don't know if, in this case, it is justified or not, but it seems to be lawful (the same way that the censorship requests in India and Turkey were), as far as I can tell (I assume a judge of the Supreme Court knows a bit more about Brazilian law than you and me).

Given that Musk/Twitter seemingly has no problem complying with lawful censorship demands (or engaging in arbitrary censorship even without lawful censorship demands), it seems clear to me that Musk has no problem with "more censorship in the world". That was my only point.

My personal opinion on whether there is higher or lower need for censorship in the world is rather irrelevant (since I have no power or platforms to censor), but I certainly see no problem in actively censoring terrorists, bots, spammers and scammers (for example).

replies(1): >>41419777 #
32. fluoridation ◴[] No.41419777{6}[source]
It's not irrelevant to me, which why I'm asking. I'm asking if you would have preferred Musk to be consistent and ban those accounts instead. And if so, why? Do you agree with censorship if and only if it's legal (whatever that means in a particular jurisdiction)? Or is there some other reason?
replies(1): >>41422812 #
33. blackeyeblitzar ◴[] No.41420078{5}[source]
> Moraes was granted that authority by the Supreme Court, so it is legal.

This is not exactly true, so let me explain it. Moraes is himself a justice on the Supreme Court. He was not granted authority by it. His own claim actually acknowledges that no new laws (either legislation or constitutional amendments) were passed to give him this power. Instead his claimed power rests on something more confusing and again, illegal. Brazil has two top level courts - an electoral court and a Supreme Court, for simplification and use of common international language. These two are separate courts and are supposed to have separation of powers. When de Moraes was president of the electoral court, he proposed in October 2022 to the electoral court that he be granted the unilateral power (as a single person) to remove online content as part of his role in the other court, the federal court (where he was inaugurated in 2017) - this is all easy to verify and there are many sources (https://en.wikipedia.org/wiki/Alexandre_de_Moraes).

Obviously, it is a total violation of the separation of powers for him to sit on one court and grant himself powers that he can use through the other court. Because no new legislation is involved, it also violates the fundamental role of the judicial system, since the creation of laws is part of the legislative power in Brazil.

> But then again Elon acts like an unaccountable little dictator in his fiefdom, which is also dangerous, so I don't really mind that X is getting banned

I don’t condone Elon’s erratic behavior. However, I think generally he has been more on the side of free speech and civil liberty than the previous leadership of Twitter. For example, after Musk’s acquisition, Twitter tried hard to stop censorship in India through a lawsuit against the government that they battled in 2023. They did not succeed, in part because India passed laws that legalized censorship unfortunately. But at least Twitter/X tried. As far as I can tell, they have been consistent with their public policy of following local laws when it comes to content moderation and censorship. But in Brazil’s case, the orders appear to be illegal (example: https://x.com/AlexandreFiles/status/1829979981130416479/phot...).

Whatever his demeanor is though, he is a private individual, and his actions matter less than actions of the state. Alexandre de Moraes is a Supreme Court justice. Whether Elon antagonizes him or not, he should remain neutral, stick to the law as written, and lean in favor of civil liberties as a default anytime there is something controversial or ambiguous.

replies(2): >>41421038 #>>41431385 #
34. blackeyeblitzar ◴[] No.41420144{5}[source]
Here are HN’s guidelines: https://news.ycombinator.com/newsguidelines.html

Your comment isn’t kind, and is calling me names. I am not sure why you cannot just calmly speak to the issue instead of saying that I am buying into “bot-fed rhetoric” or spreading misinformation. The guidelines explicitly say to assume good faith.

> Moraes has the power to decide on this matter and the court will review his decision collectively in due time.

The problem is Moraes was not granted this power through constitutional amendment or law. Feel free to point at something specific otherwise. But here is the breakdown of why these orders are unconstitutional and illegal:

https://x.com/AlexandreFiles/status/1829979981130416479/phot...

If that is not good enough, look at Article 5 Title IX of the Brazil constitution from https://www.constituteproject.org/constitution/Brazil_2017, which guarantees the following right to all Brazilians and foreigners residing in the country:

> expression of intellectual, artistic, scientific, and communication activity is free, independent of any censorship or license

Posting on Twitter is clearly “communication activity” and therefore must be free of censorship. There are numerous other parts of the constitution that are also violated by the notion of a single justice issuing orders in secret. You can read through the page with the constitutional text if you wish.

> Arguing that this is a political move doesn't even make sense. How does banning X help Lula?

De Moraes was banning content and accounts that belong to the political opposition against Lula. Banning X, a service that provides equal access to social media to all parties, is equivalent to only allowing services that continue censorship of the opposition party. That is directly favorable to Lula.

replies(1): >>41422239 #
35. dang ◴[] No.41421881{7}[source]
Could you please stop breaking the site guidelines? You've unfortunately been doing that badly and repeatedly in this thread, and we have to ban accounts that abuse the site this way.

I have no idea whether you're right or wrong on the topic—actually I don't even know what side you're on, or even what the sides are—but your posts have repeatedly crossed the line into being abusive and that's not cool.

I'm sure you can make your substantive points thoughtfully if you choose to, so please do that instead.

https://news.ycombinator.com/newsguidelines.html

36. Daishiman ◴[] No.41422239{6}[source]
You're skipping the part where the people they were asking to ban were calling for a coup against the democratically elected government, which is not legal in Brazil. Your argument is a strawman.
replies(1): >>41423634 #
37. fjkdlsjflkds ◴[] No.41422812{7}[source]
As I mentioned, I agree with censorship when it is legitimate (ethically or morally justified), and I agree with the need for rule-of-law. It is not me that is arguing that censorship is ok when it is legal (and not ok otherwise), but Twitter/Musk.

In this particular case, I do not have enough information to state with certainty whether I think this particular case is legitimate or not, but it does seem to be lawful (which is the criterion that is seemingly important for Twitter/Musk).

I have no particular preference with regards to whether Musk chooses to be consistent or not: that's his decision and he/Twitter is the one that has to endure the consequences of his actions (not me). Since I am not a Twitter user, it does not affect me either way, and I don't see how it will significantly affect Brazilian's capacity to freely communicate (note: there are plenty of other private communication platforms that do comply with Brazilian law... Telegram, Whatsapp, Instagram, Facebook, etc.).

On the other hand, I do think it is hypocritical to claim to be a "defender of free speech", and then both engage in non-state-mandated censorship AND comply with state-mandated censorship (as long as it suits him or Twitter). It's a laughable claim. That was my only point.

38. EricDeb ◴[] No.41423050{3}[source]
but not in India or Turkey apparently
39. ◴[] No.41426753[source]
40. HelloMcFly ◴[] No.41426781[source]
When Musk is picking-and-choosing where freedom of expression matters (e.g., Turkey, India, publishing his plane's location information, banning users writing "cisgender", etc.), I don't think it's "pro-censorship" to not be on his side here because this doesn't feel motivated by true principle and puts his motives and associated narrative into highly suspect territory for me.

Is some selective censorship from Musk better than nothing? Since his selective censorship appears to be primarily aimed at supporting right-wing causes, I have a hard time feeling like the answer is "yes".

replies(1): >>41434043 #
41. insane_dreamer ◴[] No.41431385{6}[source]
Supreme Court has since confirmed Moraes decision re X, so that settles it.

Also, whether some action breaks your idea of separation of powers doesn’t make it illegal (that’s for the judiciary to determine). You may think it’s I democratic but that’s a separate matter (I think a lot of things in the US are undemocratic, especially considering we elected a anti-democracy corrupt businessman as president and may elected him again)

42. avsteele ◴[] No.41434043{3}[source]
This doesn't make sense to me. I'm just doing to poke at one aspect.

Imagine you are a Brazilian. The government will censor these speakers whatever they appear. If you favor this ruling you are agreeing with the statement "Yes, I trust the Brazilian government to be the one to determine what is misinformation and against democracy and to make action to prevent me from seeing it"

Twitter/Musk can not substantially change your access to information as there are many other sources. The government can.

replies(1): >>41445336 #
43. HelloMcFly ◴[] No.41445336{4}[source]
I'm not saying I'm "in favor" of what Brazil is doing - despite having read some news articles, I'm not confident I fully understand the entire situation. But what I am saying is that I'm having a hard time getting up in arms about this or feeling like X is fighting a righteous fight.

Here's my own thought experiment: if X overtly and publicly said they would fight all censorship-related actions by left-wing governments, but acquiesce willingly to all right-wing governments, should I be happier about that than if they treated all governments equally? I can understand why the answer for some is "yes, because for those individuals in those countries they deserve freedom of expression even if it's only given as a tool to power structures trying to erode their rights." But while I get it, that's not how I feel, because then the actions aren't motivated by principal, but by an effort to shape global politics.

44. BlueTemplar ◴[] No.41464441{5}[source]
Protests that actually turned into a coup ? That doesn't seem to have happened in Brazil. (Yet.)

Discussion about would-be coups seems to be fraught... probably best to avoid the term ?? I'm remembering those funny (for an outsider) images of the January 6th USA Capitol invaders seemingly being lost at what they were supposed to be doing once in the building... (though this took a darker turn when we learned, much later, that Trump did not show up because his own security service prevented him to !)