Is being a pro-free speech platform anti-democratic?
If you’re trying to say that some of X’s users are “threatening democracy,” there are already laws in Brazil to address this without resorting to illegality.
The law states that platforms are only required to remove content by a court order, and the content to be removed must be specified. The Supreme Court judge I referred to earlier was blocking entire accounts, which amounts to “preventive censorship,” clearly prohibited by the Brazilian Constitution.
Moreover, this judge created a parallel judicial system where he denies citizens the right to be tried by their local judges: the process goes directly to his desk, and he acts as both prosecutor and judge simultaneously. It’s a gross violation of the principle of due process.
One of the basic elements of a democracy are three branches. In fact, democracy is an inherent instable system where these three branches must keep eachother in check. A natural concequence thereof is that every one of these three branches has the right to conduct and lead investigations.
That the courts can act proactive or reactive is more a cultural element then a core element of democracy. There are quite some countries where judges are part of the investigative process and can unilateral.
As Brazil, as a number of other countries in Latin America, has been in the situation in the past that both the gouvernement and the parlement are controlled by people with a … euh … not so good reputation on their democratic values, a judicial branch that acts in a more proactive manner should not be that IMHO unexptected.
Is being a pro-free speech platform anti-democratic?
If you’re trying to say that some of X’s users are “threatening democracy,” there are already laws in Brazil to address this without resorting to illegality.
The law states that platforms are only required to remove content by a court order, and the content to be removed must be specified. The Supreme Court judge I referred to earlier was blocking entire accounts, which amounts to “preventive censorship,” clearly prohibited by the Brazilian Constitution.
Moreover, this judge created a parallel judicial system where he denies citizens the right to be tried by their local judges: the process goes directly to his desk, and he acts as both prosecutor and judge simultaneously. It’s a gross violation of the principle of due process.
One of the basic elements of a democracy are three branches. In fact, democracy is an inherent instable system where these three branches must keep eachother in check. A natural concequence thereof is that every one of these three branches has the right to conduct and lead investigations.
That the courts can act proactive or reactive is more a cultural element then a core element of democracy. There are quite some countries where judges are part of the investigative process and can unilateral.
As Brazil, as a number of other countries in Latin America, has been in the situation in the past that both the gouvernement and the parlement are controlled by people with a … euh … not so good reputation on their democratic values, a judicial branch that acts in a more proactive manner should not be that IMHO unexptected.
Here there are two issues: free speech and the judicial system in Brasil. I’ll reply to the later in a different mail.
The freedom of speech is the result of democracy. No democracy, no freedom of speech. It is also inherent part of the democractic process.
On the other hand, it is not the only element of a democracy. and it can also be used against these other elements?
My question to you: can you use a fundamental freedom, granted to you by the fact you line in a democracy, to attack democracy?