Brazilian Judge May Soon Suspend Musk’s X in the Next Few Hours

In a dramatic confrontation, the world’s richest man, Elon Musk, is at odds with a Brazilian Supreme Court justice, Alexandre de Moraes. The tension escalated when de Moraes threatened to suspend the social media platform X if Musk failed to adhere to his directives swiftly. Musk has retorted with insults, branding de Moraes a “tyrant” and labeling him as a “dictator.”

This ongoing clash is part of a months-long dispute surrounding issues of free speech, the presence of far-right accounts, and the spread of misinformation. As the deadline imposed by de Moraes looms, many observers in Brazil are keenly watching for a resolution as both parties hold firm.

So, what prompted de Moraes’ stern warning? Earlier this month, X withdrew its legal representative in Brazil, claiming that de Moraes had threatened her with imprisonment. On Wednesday evening, de Moraes set a deadline, granting X 24 hours to appoint a new legal representative or face a suspension of the platform until compliance is achieved.

According to the Supreme Court’s press office, de Moraes’ directives stem from Brazilian laws mandating that foreign firms must have a legal presence in the country. This stipulation ensures these companies can be notified of legal decisions and take appropriate actions as necessary.

The failure of X to appoint a legal representative could lead to serious complications, especially with Brazil’s municipal elections approaching. Experts predict a flood of misinformation during the campaigns, and without a legal point of contact, dealing with legal notices may become increasingly difficult. Luca Belli, coordinator of the Technology and Society Center at the Getulio Vargas Foundation in Rio, explained that such a scenario would hinder timely compliance with takedown orders common in electoral periods.

“Until very recently, we had a legal office operating here. This issue simply didn’t exist then. For instance, Telegram, despite having around 50 employees globally, maintains a legal representative in Brazil,” noted Belli, who also teaches law at the same university.

However, many are questioning whether a single judge has the authority to impose such significant restrictions. In Brazil, any judge can enforce compliance actions, which can range from fines to severe penalties like suspension of services. Carlos Affonso Souza, a lawyer and director of the Institute for Technology and Society, highlighted past instances where Brazilian judges have shut down messaging apps like WhatsApp for failure to comply with police requests for information.

In 2022, de Moraes threatened Telegram with a nationwide ban, emphasizing its non-compliance with Brazilian directives. Telegram ultimately appointed a local representative, allowing it to escape a suspension.

If de Moraes opts to suspend X, the process would begin with notifying Brazil’s telecommunications regulator, Anatel. This agency would then direct service providers, including Musk’s Starlink internet service, to restrict access to X. Belli elaborated that such an order could incapacitate X for Brazilian users merely 12 hours after being issued due to the straightforward nature of such compliance measures.

Moreover, given the platform’s prevalence among mobile users, de Moraes may also notify major app stores to block X in Brazil. An even bolder move could involve restricting access via virtual private networks (VPNs) and penalizing those who utilize them to access the platform.

Globally, X has faced bans in various countries, mainly within authoritarian regimes such as Russia, China, and Iran. After a disputed election in Iran in 2009, the government banned Twitter, paving the way for new forms of protest organization.

Brazil represents a crucial market for Musk’s platform, where approximately 40 million people, or about one-fifth of the population, engage with X monthly. Musk, who champions the notion of “free speech,” perceives de Moraes’ actions as attacks on this freedom. Moreover, the potential loss of access to Brazil further complicates Musk’s objectives of establishing a “global town square” for unrestricted information flow.

Additionally, Musk’s satellite venture, Starlink, sees tremendous growth potential in Brazil’s vast regions with unreliable internet connectivity. On Thursday afternoon, Starlink announced that de Moraes froze its financial operations in Brazil, claiming the actions were based on unfounded conclusions that Starlink should cover fines imposed on X. Starlink announced plans to challenge this decision legally.

Musk responded to this news with further insults directed at de Moraes, expressing disdain for the justice’s actions. “This guy @Alexandre is an outright criminal of the worst kind, masquerading as a judge,” Musk declared.

Supporters of de Moraes argue that his actions are within the law and aimed at safeguarding Brazilian democracy. In a wider investigation concerning misinformation, de Moraes has also included Musk as a target.

As of now, X has not publicly stated whether it will appoint a new legal representative in Brazil. The Brazilian law firm previously representing X has also remained silent on the ongoing situation.

Source: AP