Elon Musk, the self-proclaimed free speech absolutist and CEO of X, Tesla and SpaceX, is once again at the center of a heated debate over free speech and censorship.
Since purchasing X, the platform officially known as Twitter, in 2022, Musk has clashed with governments and public figures around the world over what is acceptable for posting online.
The mercurial billionaire is currently embroiled in separate legal battles with the governments of Brazil and Australia over their attempts to restrict content deemed harmful, such as misinformation, violent material and racist speech.
In each case, Musk has accused government officials of stifling free speech.
But his critics say he encourages extremists and cherry-picks cases because he has heeded takedown calls elsewhere.
Why is Musk arguing with Brazil?
Musk’s dispute with the Brazilian authorities is part of an ongoing debate about how to deal with “digital militias” in the circle of right-wing former President Jair Bolsonaro.
Supreme Court Justice Alexandre de Moraes has spent five years investigating Bolsonaro’s online followers for allegedly spreading fake news and hate speech during his time in office.
The judge is also overseeing an investigation into an attempted coup by Bolsonaro’s supporters after he lost the 2022 election to current leftist President Luiz Inácio Lula da Silva.
As part of his investigation, de Moraes suspended 150 “digital militia” accounts – a fact that was made public earlier this year when media reported that many of these accounts were still active.
The move, controversial in Brazil, piqued the interest of Musk, who sent a series of tweets to the judge in April calling the bans “aggressive censorship.”
Musk also said that
“This judge has brazenly and repeatedly betrayed the Constitution and the people of Brazil. He should resign or be impeached,” Musk said on X. “It’s a shame.”
In response, de Moraes opened an investigation against Musk for obstruction of justice.
We are lifting all restrictions. This judge has imposed heavy fines, threatened to arrest our employees, and denied them access to 𝕏 in Brazil.
As a result, we will likely lose all revenue in Brazil and will have to close our office there.
But principles matter more than…
— Elon Musk (@elonmusk) April 6, 2024
Why is Musk at odds with Australia?
As Musk battles in Latin America’s most populous country, he is also running afoul of Australia’s internet regulator.
At the heart of the dispute with the country’s eSafety commissioner is a knife attack carried out on April 16 during a livestreamed service at an Orthodox Assyrian church in Sydney.
Police have charged five teenagers over the attack, including a 16-year-old boy accused of stabbing Bishop Mar Mari Emmanuel and a priest.
Following the attack, eSafety Commissioner Julie Inman Grant issued a global takedown notice for videos of the incident to X and Meta, the owner of Facebook and Instagram.
Inman Grant has argued that posts about the attack should be removed everywhere, including outside Australia, because internet users can easily use virtual private networks (VPNs) to bypass domestic geoblocking.
While Meta complied with the order, X only geoblocked the videos in Australia.
On Wednesday, Australia’s Federal Court extended an injunction and ordered X to remove the videos.
Musk refused to back down and accused Australia of trying to impose censorship around the world.
“Our concern is that if EVERY country is allowed to censor content for ALL countries, which is what Australia’s ‘eSafety Commissioner’ is calling for, then what is to stop one country from controlling the entire internet?” Musk said on X.
It remains an open question whether the courts will uphold the right of Australian authorities to order the removal of content viewable outside the country.
Our concern is: If EVERY country is allowed to censor content for ALL countries, as Australia’s eSafety Commissioner demands, then what is to stop any country from controlling the entire internet?
We have already censored the content in question for… https://t.co/aca9E4uAB7
— Elon Musk (@elonmusk) April 22, 2024
What’s next for X?
X’s legal departments will be busy.
Earlier this week, the Brazilian de Moraes gave X until April 26 to explain why the platform allegedly did not fully comply with the court order to block certain accounts that authorities say are still active.
Separately, thousands of Bolsonaro supporters rallied this week to support Musk as he continues his legal battle.
In Australia, X is defying the global takedown order ahead of a court hearing on May 10, with the platform facing fines of around $500,000 for each day of non-compliance.
Musk has signaled that more legal battles are ahead.
In January he pledged to fund legal action against Ireland’s upcoming hate speech legislation
Is Musk a free speech advocate?
Whether Musk is a free speech advocate or a right-wing provocateur is largely in the eye of the beholder.
Since taking over X, Musk has drastically reduced moderation on the platform and unblocked numerous suspended accounts, including that of former US President Donald Trump.
But Musk’s critics have noted that despite his willingness to take on Brazil and Australia, he has followed similar withdrawal orders from Turkey and India, including content critical of Turkish President Recep Tayyip Erdogan and Indian Prime Minister Narendra Modi.
Some of Musk’s critics argue that his principles only apply to figures with whom he personally agrees, such as Brazil’s Bolsonaro and Argentina’s new President Javier Milei.
While the United States is known for its particularly permissive laws and attitudes toward speech, other countries have taken a more proactive approach to combating misinformation and hate speech.