The conflict between digital platforms and governments: the blocking of X (Twitter) in Brazil

The article discusses the decision of the Brazilian Supreme Court to ban the social media platform X (formerly known as Twitter) on August 30th, 2024. This decision was prompted by the closure of X’s office in Brazil, initiated by its owner, Elon Musk. The article analyzes the causes and consequences of this incident in the context of the ongoing global debate between governments and digital platforms. It pays special attention to its political implications, including the upcoming municipal elections in 2024 and the potential return of Jair Bolsonaro as president in 2026. It is noted that the main reason for the ban was political, aiming to ensure a favorable outcome in the municipal elections, which are traditionally seen as a precursor to the presidential election. Thus, the legal process was used to ensure the success of one political party in elections, which may have negative long-term consequences for constitutionalism. Additionally, it is not favorable for the constitutional order if parties use extra-legal (unlawful) means (threats of prosecution, “mudslinging”) during conflict. Due to economic and reputation reasons, Elon Musk had to make concessions and comply with court orders, opening a representative office in Brazil. However, integrating digital platforms into state bureaucracy destroys their potential for self-organization. The significance of self-regulation for digital platforms lies in their ability to create and adapt legal norms among themselves, which can help overcome the crisis of contemporary constitutionalism.