Judge Suspends X Platform in Brazil During Feud with Elon Musk

On Friday, a justice of the Brazilian Supreme Court ordered the suspension of Elon Musk’s social media platform X, formerly known as Twitter, in Brazil. This decision was made after Musk failed to appoint a legal representative in the country, as per a directive issued by Justice Alexandre de Moraes. This ruling adds another layer to the ongoing dispute regarding free speech, the proliferation of far-right accounts, and misinformation that has persisted for several months.

Earlier in the week, Justice de Moraes had warned Musk that X would face potential blocking unless a representative was designated. The deadline set for compliance was just 24 hours, and the company has been without a legal representative in Brazil since the beginning of the month.

In his ruling, de Moraes instructed internet service providers and app stores to block access to X within five days and specified that the platform would continue to be inaccessible until it followed the court’s orders. Users attempting to access X through virtual private networks (VPNs) would also face penalties, amounting to daily fines of 50,000 reais, or approximately $8,900.

De Moraes criticized Musk, accusing him of showing a blatant disregard for Brazilian sovereignty and the judicial system. He described Musk as a “supranational entity” seemingly exempt from legal constraints in various countries.

Brazil represents a significant market for X, which has struggled to retain advertisers since Musk acquired the platform in 2022. According to Emarketer, around 40 million Brazilians—nearly one-fifth of the nation’s population—access X at least monthly.

In a statement on its official Global Government Affairs page, X indicated it anticipated the suspension by de Moraes, attributing it to what they called “illegal orders to censor political opponents.” The company alleged that attempts to defend its position in court were met with threats against their legal representative, who ultimately resigned following what they claimed were retaliatory measures against her.

Historically, X has had confrontations with de Moraes over orders to suspend certain user accounts. These accounts have included political figures aligned with former President Jair Bolsonaro’s right-wing party, as well as activists accused of undermining the democratic framework of Brazil.

Musk, identifying as a “free speech absolutist,” has accused de Moraes of enforcing censorship—an argument that resonates with segments of Brazil’s political right. He has used the platform to criticize de Moraes, labeling him as a dictator and tyrant.

Supporters of Justice de Moraes argue that his actions are legal and supported by a majority of the court’s judges, designed to safeguard democracy during a precarious time. The order, mandating foreign companies to maintain a local legal representative, is rooted in Brazilian law to ensure they can respond to litigation.

Given the public attention this conflict has garnered, it is anticipated that X could be offline shortly after the operators are informed of their obligation to comply with the ruling. Luca Belli, from the Technology and Society Center at the Getulio Vargas Foundation in Rio de Janeiro, pointed out that compliance is straightforward and thus could result in a swift shutdown.

This isn’t the first instance of such actions in Brazil. Judges in the country have previously shut down apps, such as Meta’s WhatsApp, due to non-compliance with law enforcement requests for user data. In 2022, de Moraes threatened to ban Telegram over its non-cooperation with Brazilian authorities, demanding that the app appoint a local representative, which it eventually did to remain functional.

X and its predecessor Twitter have faced temporary bans in various nations, especially authoritarian ones including Russia, China, and Iran. Other countries such as Turkey and Pakistan have also suspended access during periods of political unrest. There was significant public discourse in Brazil on Friday, with many users searching for VPNs to bypass potential bans. However, how Brazilian authorities would enforce fines related to VPN usage remained unclear.

On social media, some users, like popular influencer MariMoon, announced their transition to alternative platforms like BlueSky, expressing discontent with the current situation.

X has promised to disclose what it described as de Moraes’ “illegal demands” alongside related court documents to maintain transparency. In a related matter, Musk’s satellite internet service, Starlink, announced that their operations in Brazil had been frozen due to a ruling requiring them to take responsibility for fines against X. Starlink criticized this order as unconstitutional and indicated their intention to pursue legal action to contest it.

Musk, continuing his pattern of criticism, referred to de Moraes as a “criminal” masquerading as a judge. Furthermore, he declared that Starlink would offer free internet service in Brazil until the issue is resolved, as they are unable to process payments but do not wish to discontinue service to existing customers.

Justice de Moraes asserted that the freezing of Starlink’s assets was justified, observing that X did not have sufficient funds to satisfy the accumulating fines and reasoning that both entities are part of the same economic group.

Source: Associated Press