Brazil's X ban is sending lots of people to Bluesky

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.

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.

> This is unconstitutional in Brazil per article 5 of the 1988 constitution, so X refused the orders.

This is unconstitutional according to their interpretation of the (very extensive and vague) article 5 of the 1998 constitution, maybe. At the same time, if you disagree with a judicial order, you probably should appeal the order, rather than refuse/ignore it. Ignoring judicial orders has consequences.

> Note that the text of the Brazilian constitution explicitly says that the freedom of expression is guaranteed without censorship (it mentions “censorship”).

It says a lot of things (that can be interpreted in many ways). Note that it also says "é livre a manifestação do pensamento, *sendo vedado o anonimato*". Did Twitter/X refuse to give information about accounts, after having been asked by the Supreme Court? If yes, then it can also be said that they are breaking article 5 of the 1988 constitution.

In general, constitutional laws (in Brazil and elsewhere) tend to be rather vague. The devil is in the details. Just because it says somewhere that "é livre a expressão da atividade intelectual, artística, científica e de comunicação, independentemente de censura ou licença", doesn't mean that you are free to express your art of screaming "fire" in a crowded theater, for instance.

> If they were legal orders they would have complied, as they have in other countries.

In general, a person (or other legal entity) are not free to pick and choose what laws or judicial orders they want to follow, depending on their own interpretation of the law. Or, I mean... they can... but there are usually consequences to ignoring judicial orders.

Also, it probably is not a great idea to try to intimidate/aggravate/insult/threaten the judge (https://nitter.poast.org/elonmusk/status/1829005086606901481...) during those legal proceedings. Judges tend to not love that.

Yes and appeal to whom? Himself, who’s clearly shown himself to be a partisan? Why even need an executive when your judiciary can basically unilaterally function as executive be a legislator in one? Obviously they’re is not the US, but that’s not an excuse to a ridiculous system.

If you cannot appeal (and you probably can't, since this was a judicial order by the Supreme Court), then you have to comply (or face the consequences of ignoring judicial orders).

If the argument is that it is illegal to "censor", due to the Brazilian constitution, then Twitter is already engaging in illegal behaviour whenever it bans accounts (or auto-removes tweets) for using terms Musk dislikes (like "cis" or "cisgender").

I really don't buy the "free speech" argument here, since Twitter has never been an "absolute free speech" space to begin with. Note that Musk had no problem censoring and banning accounts when asked by the Turkish or Indian governments.