Brazil Blocks Elon Musk’s X Over Legal Dispute with Supreme Court Justice

Brazil has begun blocking Elon Musk’s social media platform, X, making it largely inaccessible both online and through mobile apps after the billionaire refused to appoint a legal representative in the country. The move escalates a months-long dispute between Musk and a Brazilian Supreme Court justice over issues related to free speech, far-right accounts, and misinformation. Justice Alexandre de Moraes ordered the suspension on Friday.

To enforce the block, Brazil’s telecommunications regulator, Anatel, instructed internet service providers to suspend users’ access to X. By early Saturday, major operators had started complying. De Moraes had warned Musk on Wednesday night that X could be blocked in Brazil if he failed to comply with the order, giving him a 24-hour deadline. The company has not had a legal representative in the country since earlier this month.

In his ruling, de Moraes criticised Musk, stating, “Elon Musk showed his total disrespect for Brazilian sovereignty and, in particular, for the judiciary, setting himself up as a true supranational entity and immune to the laws of each country.” The justice ordered that the platform remain suspended until it complies with the court’s demands, and also imposed a daily fine of 50,000 reais (£7,000) for those using VPNs to access it.

De Moraes later modified his initial ruling, retracting his directive for internet service providers themselves to block access to X after five days, and also withdrew his order for app stores to remove VPN services. Brazil is one of the largest markets for X, which has struggled with a loss of advertisers since Musk acquired the platform, formerly known as Twitter, in 2022. According to market research group eMarketer, around 40 million Brazilians, or roughly one-fifth of the population, use X at least once a month.

“This is a sad day for X users around the world, especially those in Brazil, who are being denied access to our platform. I wish it did not have to come to this – it breaks my heart,” said X CEO Linda Yaccarino on Friday night, adding that Brazil is failing to uphold its constitution’s pledge to forbid censorship. X’s official Global Government Affairs page posted late Thursday that it expected the platform to be shut down by de Moraes “simply because we would not comply with his illegal orders to censor his political opponents.”

The platform has had several clashes with de Moraes over its reluctance to comply with orders to block certain users. Accounts previously suspended or blocked on Brazilian orders include those belonging to lawmakers affiliated with former President Jair Bolsonaro’s right-wing party and activists accused of undermining Brazilian democracy. In April, X informed the Supreme Court that since 2019, it had suspended or blocked 226 users in compliance with court orders.

In his decision on Friday, de Moraes cited Musk’s statements as evidence that X’s conduct “clearly intends to continue to encourage posts with extremism, hate speech, and anti-democratic discourse, and to try to withdraw them from jurisdictional control.” Earlier this year, de Moraes included Musk in an ongoing investigation into the dissemination of fake news and opened a separate investigation into the executive for alleged obstruction.

Musk, who describes himself as a “free speech absolutist,” has repeatedly accused the justice’s actions of amounting to censorship, a stance echoed by Brazil’s political right. He has often insulted de Moraes on X, labelling him a dictator and a tyrant. De Moraes’ supporters argue that his actions against X have been lawful, supported by most of the court’s bench, and have served to protect democracy at a time when it is under threat. He stated on Friday that his ruling is based on Brazilian law, which requires internet service companies to have representation in the country so they can be notified of relevant court decisions and take necessary actions—particularly in relation to the takedown of illicit content.

Blocking social media platforms is not unprecedented in Brazil. In 2015 and 2016, Brazilian judges shut down Meta’s WhatsApp several times due to the company’s refusal to comply with police requests for user data. In 2022, de Moraes threatened Telegram with a nationwide shutdown, arguing it had repeatedly ignored Brazilian authorities’ requests to block profiles and provide information. Telegram ultimately complied by appointing a local representative, allowing it to continue operating in the country.

X and its predecessor, Twitter, have been banned in several countries, primarily authoritarian regimes such as Russia, China, Iran, and North Korea. Other nations, including Pakistan, Turkey, and Egypt, have also temporarily suspended the platform, usually to suppress dissent and unrest. Twitter was banned in Egypt during the Arab Spring uprisings, which were sometimes referred to as the “Twitter revolution,” but it has since been restored.

As news of the shutdown spread, hundreds of Brazilian X users searched for VPNs that could allow them to continue using the platform by making it appear as though they were logging in from outside the country. It remains unclear how Brazilian authorities plan to enforce fines against those using such methods.

“This is an unusual measure, but its main objective is to ensure that the court order to suspend the platform’s operation is, in fact, effective,” said Filipe Medon, a digital law specialist and professor at the Getulio Vargas Foundation in Rio de Janeiro.

Meanwhile, Brazilian influencer Mariana de Souza Alves Lima, known by her handle MariMoon, shared with her 1.4 million followers on X her plans to switch to a rival social network, BlueSky.

On Thursday evening, Starlink, Musk’s satellite internet service provider, revealed that de Moraes had frozen its finances, preventing the company from conducting transactions in Brazil, where it has more than 250,000 customers. Starlink argued that the order was based on an “unfounded determination” that it should be responsible for the fines levied against X, describing the decision as unconstitutional and issued without due process.

Musk responded to reports of the freeze with insults directed at de Moraes, calling him “an outright criminal of the worst kind, masquerading as a judge.” Musk later posted on X that SpaceX, which operates Starlink, would provide free internet service in Brazil “until the matter is resolved” since “we cannot receive payment, but don’t want to cut anyone off.”

De Moraes explained that he ordered the freezing of Starlink’s assets because X lacked sufficient funds to cover mounting fines, arguing that the two companies are part of the same economic group. While he justified the suspension of X as an appropriate response to the situation, de Moraes’ decision to take action against Starlink has been met with some criticism.

“Yes, of course, they have the same owner, Elon Musk, but it is discretionary to consider Starlink as part of the same economic group as Twitter (X). They have no connection, they have no integration,” said Luca Belli, coordinator of the Getulio Vargas Foundation’s Technology and Society Centre.

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