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 about free speech and censorship.
Since purchasing Platform X, formally known as Twitter, in 2022, Musk has wrestled with governments and public figures around the world over what is acceptable to post online.
The mercurial billionaire is now embroiled in separate legal battles with the governments of Brazil and Australia over their attempts to clamp down on content deemed harmful, such as misinformation, violent material and racist speech.
In each case, Musk accused government officials of stifling free speech.
But his critics say he is emboldening extremists and cherry-picking cases because he has complied with takedown notices elsewhere.
Why is Musk at odds with Brazil?
Musk's dispute with Brazilian authorities is part of an ongoing debate over how to deal with “digital militias” linked to former right-wing president Jair Bolsonaro.
Bolsonaro's online supporters have been the subject of a five-year investigation by Supreme Court Justice Alexandre de Moraes for allegedly spreading fake news and hate speech during his tenure.
The judge is also overseeing an investigation into an attempted coup by Bolsonaro's supporters after he lost the 2022 election to leftist incumbent Luiz Inacio Lula da Silva.
As part of his investigation, de Moraes banned 150 accounts belonging to “digital militias” – a fact that was made public earlier this year when the media reported that many of these accounts were still active.
The move, which has been controversial in Brazil, piqued the interest of Musk, who in April fired off a series of tweets aimed at the judge, calling the bans “aggressive censorship.”
Musk also said X would “remove all restrictions” on banned accounts, though the platform said it had complied with the orders, though it intended to challenge them in court.
“This judge brazenly and repeatedly betrayed the Constitution and the Brazilian people. He should resign or be impeached,” Musk said on X. “Shame.”
In response, de Moraes opened an investigation into Musk for obstruction of justice.
We are removing all restrictions. This judge imposed huge fines, threatened to arrest our employees and cut off access to 𝕏 in Brazil.
As a result, we will likely lose all revenue in Brazil and 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 struggles in Latin America's most populous country, he is also at odds with Australia's internet watchdog.
The stoush with the country's eSafety commissioner focuses on the knife attack committed on April 16 during a live service at an Orthodox Assyrian church in Sydney.
Police have charged five teenagers in 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 X and Meta, the owner of Facebook and Instagram, of videos from the event.
Inman Grant 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 geo-blocking.
While Meta complied with the order, X only geo-blocked the videos in Australia.
On Wednesday, the Federal Court of Australia extended an emergency injunction ordering X to remove the videos.
Musk refused to back down and accused Australia of trying to impose global censorship.
“Our concern is that if ANY country is allowed to censor content for ALL countries, which is what Australia's 'eSafety Commissioner' is demanding, then what is to stop any country from controlling the entire internet? Musk said on X.
Australian Prime Minister Anthony Albanese, in turn, accused Musk of thinking he was above the law and being an “arrogant billionaire.”
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 that if ANY country is allowed to censor content for ALL countries, which is what Australia's “eSafety Commissioner” is demanding, 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 teams will be busy.
Earlier this week, Brazil's de Moraes gave X until April 26 to explain why the platform allegedly did not fully comply with a court order to block certain accounts that authorities say are still active.
Separately, thousands of Bolsonaro supporters rallied this week in support of Musk, who continues his legal battle.
In Australia, X is fighting a global takedown order ahead of a May 10 court hearing, with the platform facing fines of about $500,000 for each day it fails to comply.
Musk hinted that more legal battles are on the horizon.
In January, he pledged to fund legal challenges to pending Irish hate speech legislation
Is Musk a defender of free speech?
Whether Musk is a defender of free speech or a right-wing provocateur is largely in the eye of the beholder.
Since taking over X, Musk has dramatically reduced the platform's moderation and reinstated a number of banned accounts, including that of former United States President Donald Trump.
But Musk's critics have noted that despite his willingness to fight Brazil and Australia, he has complied with similar removal orders from Turkey and India, including content critical of Turkish President Recep Tayyip Erdogan and Indian Prime Minister Narendra Modi.
Some of Musk's detractors say his policies only apply to figures he personally agrees with, such as Brazil's Bolsonaro and Argentina's new president, Javier Milei.
Meanwhile, while the US is known for its particularly permissive laws and stance on speech, other countries have taken a more proactive approach to cracking down on misinformation and hateful content.
