Guest Post: Should Corruption Prosecutors Tweet? The Brazilian Example

Today’s guest post is from Victor Rodrigues, a researcher at the FGV School of Law in Rio de Janeiro, Brazil:

How openly should prosecutors investigating corruption or other high-level wrongdoing be about their activities and their views on the larger public policy questions that their investigations implicate? As has been discussed on this blog before, there is a longstanding debate on this issue, and considerable variation across countries. The United States represents one approach, in which federal prosecutors are exceedingly discreet and tight-lipped. Consider the fact that Special Counsel Robert Mueller, leading the high-profile investigation into possible wrongdoing by the Trump campaign, barely speaks in public.

Brazil seems to be going in a different direction. Not only does the Brazilian Public Prosecutor’s Office have verified accounts on Facebook and Twitter, but many of the individual prosecutors are also active on social media. Perhaps the most prominent example in Brazil is Deltan Dallagnol, the federal prosecutor coordinating the Car Wash Investigation (Lava Jato). Mr. Dallagnol has used his verified account to tweet over seven thousand times, and many of his posts mention Lava Jato cases.

While we can’t know for sure what impact these tweets have had, it’s unlikely that an account with almost half a million followers would have no impact at all. I imagine that for many readers, for example, those from the United States or countries with similar traditions regarding prosecutorial (non-)communication with the public, Mr. Dallagnol’s Twitter presence might be disconcerting, perhaps troubling. But in the context of a country like Brazil, these tweets, and prosecutorial openness more generally, are likely to have a positive impact not only on specific corruption cases but also on the development of legal and democratic institutions. In particular, this widespread use of social media by Lava Jato prosecutors can have three beneficial effects:

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Unfriended: Should Facebook be Required to Enforce US Sanctions Against its Users?

Late last year, Facebook abruptly shut down the accounts of Ramzan Kadyrov, the despotic leader of the Chechen Republic. The social media giant claimed that it had a “legal obligation” to disable Kadyrov’s Facebook and Instagram accounts because of new sanctions imposed by the United States government under the Magnitsky Act. Among other things, Kadyrov has been accused of ordering the assassination of a political opponent, personally torturing another, and leading a violent purge of gay men. He’s also an active social media user: four million people followed his Facebook and Instagram profiles, and 400,000 continue to follow him on Twitter. Kadyrov had become famous for posting videos of himself wrestling a crocodile, praising Russian President Vladmir Putin, and—perhaps ironically—mocking what he saw as the ineffectiveness of American sanctions.

As many journalists noticed, Facebook hasn’t disabled the accounts of other sanctioned individuals, including Venezuelan President Nicolas Maduro, Russian Deputy Prime Minister Dmitry Rogozin, and Israeli billionaire Dan Gertler. Facebook explained this seeming inconsistency with an unhelpful truism that it “operate[s] under the constraints of US laws, which vary by circumstance.” Its statements have led observers to speculate that Facebook is using the sanctions as a pretextual reason to cut off a user it already disliked, or that it’s “picking and choosing compliance” in an attempt to please the government. Although those explanations seem plausible at first glance, a careful look at the relevant laws suggests an even simpler (albeit more mundane) one: Facebook may actually be correct that it had a legal obligation to suspend Kadyrov’s accounts but not those of others targeted by American sanctions.

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Facebook Fever is Not Enough: The Role of Social Media in the Philippines

The Philippines, long mired in corruption, appears to have made progress on this front in recent years. While the current administration’s anticorruption efforts may have contributed to this progress, some commentators have suggested that social media might actually be playing a bigger role in the decline of graft in the country. Indeed, there are some dramatic examples of social media playing a role in the fight against corruption. For instance, as details of a major scheme involving misappropriation of public money began to surface in 2013, social media platforms exploded with photos and videos pulled from the Instagram and Facebook account of Jeane Napoles, whose mother, Janet, had orchestrated the scheme. Filipinos were shocked and appalled by all that ill-gotten wealth could buy—private planes, expensive handbags, multi-million dollar apartments, and even a new car detailed with an Hermes leather exterior (yes, exterior). Even after these accounts were taken down, photos of the Napoles’ lavish lifestyle continued to circulate. These images made people far more aggressive in condemning the actions of those involved, and even inspired the Million People March, when protestors called for complete elimination of the fund used in the scheme. More recently, Facebook posts about sightings of the younger Napoles helped the media to discover that Jeane, who fled the country in 2013, had in fact returned. She has since been charged with tax evasion.

This is encouraging, and no doubt social media platforms can be useful in the fight against corruption. Nonetheless, I’m cautious about overstating the long-term impact that social media might have on corruption in the Philippines. After all, the Philippines has had an active free press for decades, and past administrations have frequently been challenged by civilian participation and condemnation of corrupt practices. Can we really rely on social media to effect lasting change? Continue reading