←back to thread

420 points rvz | 1 comments | | HN request time: 0s | source
Show context
dgfitz ◴[] No.41412739[source]
Disclaimer: indifferent at best to musk, probably more dislike than anything else, but not with vitriol.

So I read that this is all because musk refused to appoint a Brazilian citizen as an X representative, as dictated by Brazilian law. I have not verified this part.

Musk refused because the last person to fill that role had all their bank accounts frozen by the judge.

The judge also cut off payments from Brazilian citizens to starlink, something about relating star link to x. so musk said “well then starlink is free for Brazilian citizens because I don’t want to cut people off from their internet connection.” Or something like that.

Edit: blackeyedblitzar child comment of this has better information.

replies(4): >>41412952 #>>41414574 #>>41415565 #>>41417531 #
blackeyeblitzar ◴[] No.41412952[source]
Not exactly. X had a local representative who was threatened by this judge issuing illegal censorship orders. It’s not that they refused to appoint a representative but that they had to get rid of all their employees and legal representation in Brazil because the judge was going after them as individuals, making it impossible for X to challenge what they viewed as unconstitutional orders to censor speech.

The root of the issue is that Alexandre de Moraes, a single justice on the Supreme Court, has been issuing secret orders to censor content, ban accounts, and jail people over political speech. This is unconstitutional in Brazil per article 5 of the 1988 constitution, so X refused the orders. Note that the text of the Brazilian constitution explicitly says that the freedom of expression is guaranteed without censorship (it mentions “censorship”). If they were legal orders they would have complied, as they have in other countries.

Also the “Musk refused” part isn’t accurate. Ultimately these decisions are made by Linda Yaccarino, CEO of X.

replies(15): >>41412986 #>>41412993 #>>41413052 #>>41413070 #>>41413456 #>>41413470 #>>41413479 #>>41413559 #>>41413745 #>>41413747 #>>41414287 #>>41414371 #>>41414388 #>>41414861 #>>41423758 #
braiamp ◴[] No.41413470[source]
> what they viewed as unconstitutional orders to censor speech.

As in Brazil constitution? They don't have free speech, but freedom of expression. Read article 5 of the Brazilian constitution.

replies(2): >>41413558 #>>41414014 #
riverrunn01 ◴[] No.41414014{3}[source]
the 1st Art of our Constitution is exactly this: "Art. 1º A República Federativa do Brasil, formada pela união indissolúvel dos Estados e Municípios e do Distrito Federal, constitui-se em Estado Democrático de Direito e tem como fundamentos:

I - a soberania;

II - a cidadania;

******III - a dignidade da pessoa humana;**** (The dignity of human being being assured)

Then it comes the Art 5:

  Art. 5º Todos são iguais perante a lei, sem distinção de qualquer natureza, garantindo-se aos brasileiros e aos estrangeiros residentes no País a inviolabilidade do direito à vida, ''''''à liberdade'''''' (freedom, not only speech), à igualdade, à segurança e à propriedade, nos termos seguintes:
[...]

IV - é livre a manifestação do pensamento, sendo vedado o anonimato. V - é assegurado o direito de resposta, proporcional ao agravo, além da indenização por dano material, moral ou à imagem; [...]

In none of art 5 parts it says the freedom of thought and of expression is Absolute, on contrary, i let here for you guys translate yourselves the paragraph V... It's not censorship when you comit a crime, you lose your freedom when you comit a crime (depend on the aggravation of course, its penalty dosimetry)

replies(1): >>41414761 #
1. blackeyeblitzar ◴[] No.41414761{4}[source]
For others reading the parent comment to this one - they left out the most relevant part of the Brazilian constitution for this situation, presumably on purpose to make the secret censorship orders look legal. Within Article 5, is Title 9 which reads:

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

And note that the introductory text that precedes this reads:

> “Everyone is equal before the law, with no distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the Country the inviolability of the rights to life, liberty, equality, security and property, on the following terms:”

In other words, “communication activity” (which posting on Twitter obviously constitutes) is protected without censorship.

Source: https://www.constituteproject.org/constitution/Brazil_2014?l...