8 min read Last Updated : Sep 07 2024 | 7:47 AM IST By Anna Edgerton, Andrew Rosati, Gian Volpicelli and Daniel Carvalho Brazil’s ban of X amid a fight with Elon Musk over disinformation on his prized social-media site offers a cautionary message for other democracies trying to balance freedom of expression with the integrity of information ahead of elections. There’s no easy solution, including in Brazil, where the judiciary has broad powers to demand the removal of specific posts and accounts. Exercising that authority comes with its own peril — especially the danger that a total ban of the platform formerly known as Twitter will fuel accusations of censorship and further fracture the global internet. ALSO READ: Advertisers abandon Elon Musk's X amid concerns over content and trust In the US, regulators have little recourse to bar harmful online content, thanks to a provision in the 1996 Communications Decency Act known as Section 230 that shields websites from liability for third-party content on their platforms. While lawmakers in both parties agree on the need to update the nearly three-decade old measure, Republicans and Democrats disagree vehemently over what changes to make. Biden administration officials this year signaled a more hands-off approach toward disinformation. On Tuesday, the Justice Department issued new guidelines saying it would not push for removal of online content when sharing information with social-media sites about foreign threats to national security or elections. Instead, Justice officials will leave it to platforms to decide whether to block users or remove harmful content. The move follows accusations from Meta Platforms Inc. Chief Executive Officer Mark Zuckerberg that the Biden administration had violated free-speech principles in pushing to censor Covid-related content. Santos pointed out that Brazil’s standard for free expression is very different than the protections afforded by the First Amendment in the US. “That’s one thing which is obviously not applicable in Brazil because Brazil’s Constitution does not interpret the freedom of speech as an absolute right,” Santos said, noting that Brazil’s system of government created a very strong judiciary empowered to act “in defense of democracy.” Still, the US Congress decided that freedom of speech doesn’t outweigh national security when it comes to TikTok, which faces a ban unless its Chinese parent divests the the video-sharing app. Part of the mechanism for enforcing this ban would be the same that Brazil is using to block X: prohibit local internet service providers from hosting the website. In fighting Brazil’s ban, Musk can count on support from right-wing allies. Bolsonaro’s followers are planning a march on Saturday — Brazilian Independence Day — to call for Moraes’ impeachment. Local elections next month in South America’s largest economy will be an important test of the strength of Bolsonaro’s movement since he lost the presidency in 2022. Santos said that accusations of censorship risk being used by Bolsonaro supporters to cast doubt on the validity of the result. A poll by AtlasIntel released this week highlighted deep divisions provoked by the top court’s move: Almost 51% of respondents said they disagreed with Moraes’s decision to ban X, while just over 48% agreed. To curb the dissemination of fake news, President Luiz Inacio Lula da Silva’s government has sought legislation holding big tech companies responsible. Reviving the bill now, however, is near impossible, owing to the politicization of the topic, said a Justice Ministry official familiar with the situation who requested anonymity because they were not authorized to speak publicly. For now, the standoff shows no signs of easing, with Musk refusing to comply with the judge’s orders and the fight embroiling some of the billionaire’s other business interests. His Starlink satellite communication service had its bank accounts frozen by Moraes, and his SpaceX venture has warned employees against travel to Brazil for work or personal reasons. “Where this is heading from here will really depend on Elon Musk. I think if Elon Musk decides to start to comply, as he eventually did in India, for example, it might be that X comes back,” said Mariana Valente, a law professor and the director of the Brazil’s InternetLab, a think tank. “But if Elon Musk doesn’t act differently, I think X or Twitter will be blocked in Brazil for a long time.” Also Read