Brazil Supreme Court justice orders investigation of Elon Musk over fake news and obstruction

A crusading Brazilian Supreme Court justice has included Elon Musk as a target in an ongoing investigation over the dissemination of fake news, and has opened a separate investigation into the U.S. business executive for alleged obstruction.

In his decision, Justice Alexandre de Moraes noted that Musk on Saturday began waging a public “disinformation campaign” regarding the top court’s actions, and that Musk continued the following day — most notably with comments that his social media company X would cease to comply with the court’s orders to block certain accounts.

Musk, the CEO of Tesla and SpaceX who took over Twitter in late 2022, accused de Moraes of suppressing free speech and violating Brazil’s constitution, and noted on X that users could seek to bypass any shutdown of the social media platform by using VPNs, or virtual private networks.

Musk will be investigated for alleged intentional criminal instrumentalization of X as part of an investigation into a network of people known as digital militias who allegedly spread defamatory fake news and threats against Supreme Court justices, according to the text of the decision. The new investigation will look into whether Musk engaged in obstruction, criminal organization and incitement.

“The flagrant conduct of obstruction of Brazilian justice, incitement of crime, the public threat of disobedience of court orders and future lack of cooperation from the platform are facts that disrespect the sovereignty of Brazil,” de Moraes wrote Sunday.

X’s press office did not reply to a request for comment from The Associated Press, and Musk hadn’t publicly commented as of Monday morning, apart from brief posts on X.

Brazil’s political right has long characterized de Moraes as overstepping his bounds to clamp down on free speech and engage in political persecution. In the digital militias investigation, lawmakers from former President Jair Bolsonaro’s circle have been imprisoned and his supporters’ homes raided. Bolsonaro himself became a target of the investigation in 2021.