FREEDOM ON
THE NET 2024
The Struggle
for Trust Online
on free expression and allow civil society to hold the TSE
accountable when it oversteps.
In addition, Brazil’s Supreme Court has pursued clearly
disproportionate restrictions on free expression in a parallel
effort to address false, misleading, and incendiary content
that has contributed to offline violence in the country.
Supreme Court justice Alexandre de Moraes, who led the TSE
from August 2022 to June 2024, ordered the blocking of X in
August 2024, after the coverage period, as part of a monthslong dispute over the platform’s refusal to comply with court
orders restricting far-right accounts that were accused of
spreading false and misleading information. The blocking
order, which severed millions of Brazilians from the platform
and was upheld by a panel of Supreme Court justices in
early September, also concerningly threatened fines for
people using anticensorship tools like VPNs to access X.
The dispute between Moraes and X escalated into displays
of brinksmanship in which X owner Elon Musk launched
invectives and insults at the justice and flouted rules requiring
foreign companies to have a local presence, while Moraes
extended his enforcement efforts to Starlink and its parent
company SpaceX, of which Musk is the chief executive and
largest shareholder.
A more rights-respecting way to
address problematic content
Some countries have developed more promising efforts to
deal with false, misleading, or incendiary content, emphasizing
transparency, the involvement of local civil society,
democratic oversight, and adherence to international human
rights standards.
South Africa’s approach surrounding its May 2024 elections
is one such positive example. The Real411 portal, led by the
Electoral Commission of South Africa (IEC) and the civil society
group Media Monitoring Africa (MMA), allowed the public to
report cases of false information, harassment, hate speech, and
incitement to violence, which were then assessed by media,
legal, and technology experts to determine whether they met a
set of narrow definitions for each category of content. If they
did, the IEC could refer the content to the Electoral Court to
determine whether it violated election laws, to platforms to
determine whether it violated their terms of service, or to the
media to raise awareness about or debunk false narratives.
The IEC and MMA also created Padre, an online repository
designed to catalog and increase transparency regarding
political parties’ spending on and placement of political
advertisements. Independent experts’ involvement in the IEC’s
initiatives helped ensure that decisions about online content
were proportionate, specific, and protective of free expression.
A view of the election results announcement hosted by the Electoral Commission of South Africa, which worked with civil society groups to address
problematic online content during the May 2024 elections. (Photo credit: Michele Spatari/AFP/Getty Images)
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