The fines were applied under illegal pretenses. It’s like a castle built on sand.
And X is not entirely safe from being blocked. The messaging app Telegram suffered similar judicial abuses by the same judge during the 2022 elections. Telegram did not have legal representation in Brazil, but the judge threatened to block Telegram in Brazil anyway if they did not establish an office to officially receive his orders there. Then he began his usual judicial harassment campaign against Telegram: secret orders to block dissidents, daily fines, summoning the company’s representatives to testify before the Federal Police, and so on.
At the time, the Supreme Court was openly promoting a legislative bill that would facilitate their censorship efforts. In practice, this proposed law would dismantle the DMCA-like takedown request system that shields platforms from responsibility for user-generated content, something U.S. users take for granted. Please note how absurd it is for the judicial branch to sponsor a legislative bill: it blurs the separation of powers.
The same bill included provisions to appease big media conglomerates, as it would force Google to pay for news snippets on Google Search and Google News. It would also require Netflix to pay residuals to Brazilian actors, even if past contracts did not stipulate anything of the sort. And since the right-wing political spectrum would be the most negatively affected by a censored internet (traditional media is already pro-left), the left-wing portion of parliament also supported this bill. A large consortium was formed in defense of the bill: the Supreme Court, traditional media, artists, left-wing politicians, and the left-wing Executive government itself.
However, Google and Telegram opposed the bill as it interfered with their business and would incentivize arbitrary censorship. Both companies published prominent Op-Eds on their homepages, warning about the severe consequences of this bill. In Telegram’s case, a message was sent to all users criticizing the bill. The Supreme Court judge was livid and ordered Google and Telegram to remove the Op-Eds, accusing them of political interference (as if the Supreme Court was not doing the same by advocating for the bill’s approval). Note that there is no law forbidding companies from expressing their opinions on their platforms; the judge was simply unhinged and fabricated this accusation. The judge even summoned Google’s local CEO to testify before the Federal Police to intimidate the company.
So in a weird, roundabout way, he’s saving these people from prison by putting them out of work instead?
And probably making it harder for the court to slap fines on his company and make them stick, but I’d give that a pass in this case.
The fines were applied under illegal pretenses. It’s like a castle built on sand.
And X is not entirely safe from being blocked. The messaging app Telegram suffered similar judicial abuses by the same judge during the 2022 elections. Telegram did not have legal representation in Brazil, but the judge threatened to block Telegram in Brazil anyway if they did not establish an office to officially receive his orders there. Then he began his usual judicial harassment campaign against Telegram: secret orders to block dissidents, daily fines, summoning the company’s representatives to testify before the Federal Police, and so on.
At the time, the Supreme Court was openly promoting a legislative bill that would facilitate their censorship efforts. In practice, this proposed law would dismantle the DMCA-like takedown request system that shields platforms from responsibility for user-generated content, something U.S. users take for granted. Please note how absurd it is for the judicial branch to sponsor a legislative bill: it blurs the separation of powers.
The same bill included provisions to appease big media conglomerates, as it would force Google to pay for news snippets on Google Search and Google News. It would also require Netflix to pay residuals to Brazilian actors, even if past contracts did not stipulate anything of the sort. And since the right-wing political spectrum would be the most negatively affected by a censored internet (traditional media is already pro-left), the left-wing portion of parliament also supported this bill. A large consortium was formed in defense of the bill: the Supreme Court, traditional media, artists, left-wing politicians, and the left-wing Executive government itself.
However, Google and Telegram opposed the bill as it interfered with their business and would incentivize arbitrary censorship. Both companies published prominent Op-Eds on their homepages, warning about the severe consequences of this bill. In Telegram’s case, a message was sent to all users criticizing the bill. The Supreme Court judge was livid and ordered Google and Telegram to remove the Op-Eds, accusing them of political interference (as if the Supreme Court was not doing the same by advocating for the bill’s approval). Note that there is no law forbidding companies from expressing their opinions on their platforms; the judge was simply unhinged and fabricated this accusation. The judge even summoned Google’s local CEO to testify before the Federal Police to intimidate the company.