Marcelynne Aranha Almeida is a PhD student in Legal Sciences at the Federal University of Paraíba (UFPB), Brazil. She holds a Master’s degree in Human Rights and Public Policy from the same institution. Marcelynne is a lawyer and researcher, specialising in International Law and Cyber Operations, the Law of Armed Conflicts, Digital Law and Human Rights. She is a member of the research groups “Analysis of Structures of Violence and Law/Análise de Estruturas de Violência e Direito” at UFPB and “Critical International Law/Direito Internacional Crítico – DICRÍ” at the Federal University of Uberlândia (UFU).

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This paper examines the relationship between social media giants, State sovereignty, and electoral integrity, using recent political developments in Brazil as a focal point. Specifically, it observes the controversy involving Elon Musk, leader of the platform “X” (formerly Twitter), and the Brazilian Supreme Federal Court. While Musk argues that freedom of expression is under threat in Brazil, some legal scholars claim that Musk’s disregard for the Court’s decisions represents a breach of Brazilian sovereignty. The controversy has reignited discussions about foreign cyber interference in electoral processes, particularly concerning the influence of non-state actors like major tech companies.

The paper is divided into three sections. The first section outlines Musk’s accusations initiated in April 2024, which led to speculation that “X” may soon cease its operations in Brazil. The second section analyses Brazil’s regulatory response, focusing on Draft Bill 2630/2020, the Draft Bill on Freedom, Responsibility, and Transparency on the Internet, and how Musk’s actions are influencing its development. The third section discusses the broader implications of social media Big Tech’s power, reflecting on whether their dominance in cyberspace threatens State sovereignty and the democratic process.

The paper concludes by emphasizing the need to critically assess the “cyber colonization” by technological giants, who may act in their financial interests or on behalf of other States. It highlights the importance of regulating social media giants based on transparency as a means of protecting freedom of expression in electoral contexts and safeguarding citizens’ self-determination. Crucially, it also underscores that freedom of expression must be safeguarded not only from State censorship but also from the opaque power exercised by Big Tech companies, in order to ensure a balanced and democratic public discourse.