Elon Musk’s social media platform X has been suspended in Brazil due to his refusal to establish a legal agent, according to a copy of the decision obtained by The Associated Press.
The move intensifies the ongoing conflict between the two men over free speech, far-right accounts, and misinformation.
On Wednesday night, Justice Alexandre de Moraes warned Elon Musk that X may be barred in Brazil if he did not comply with his order to select a representative, setting a 24-hour deadline. The corporation has not had a representation in the country since early this month.
In his judgement, de Moraes allowed internet service providers and app stores five days to prohibit access to X and stated that the platform would stay barred until they complied with his demands.
He also stated that individuals or businesses who use virtual private networks, or VPNs, to access X will face a daily fine of 50,000 reais ($8,900).
Elon Musk’s Conflict with Brazilian Authorities
“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,” according to de Moraes.
Brazil is a crucial market for X, which has experienced a decline in advertising since Elon Musk’s acquisition of Twitter in 2022. According to market research firm Emarketer, almost one-fifth of the Brazilian population, or 40 million people, use X at least once a month.
X had tweeted on its official Global Government Affairs page late Thursday that it expected de Moraes to shut it down, “simply because we would not comply with his illegal orders to censor his political opponents.”
“When we tried to defend ourselves in court, Judge de Moraes threatened our Brazilian lawyer with incarceration. Even after she resigned, he froze all of her financial accounts,” the business stated.
“Our challenges to his clearly illegal activities were either disregarded or ignored. Judge de Moraes’ colleagues on the Supreme Court are either reluctant or unable to challenge him.
X has fought with de Moraes over its refusal to comply with instructions to restrict users.
Accounts that have previously been shut down on Brazilian demands include MPs from former President Jair Bolsonaro’s right-wing party and activists accused of harming Brazilian democracy.
Elon Musk, a self-proclaimed “free speech absolutist,” has frequently argued that the justice’s actions constitute censorship, and his case has been supported by Brazil’s political right. He has frequently criticised de Moraes on his platform, describing him as a dictator and tyrant.
De Moraes’ supporters argue that his actions against X were legal, supported by the majority of the court’s complete bench, and served to protect democracy at a time when it was under threat.
His decree on Friday is based on Brazilian law, which requires international corporations to establish presence in the country so that they can be alerted of legal cases against them.
Given that operators are aware of the widely publicised standoff and their obligation to comply with de Moraes’ order, as well as the ease with which they can do so, X could be offline as soon as 12 hours after receiving their instructions, according to Luca Belli, coordinator of the Technology and Society Centre at the Getulio Vargas Foundation, a university in Rio de Janeiro.
The stoppage is not unusual in Brazil.
Lone Brazilian judges shut down Meta’s WhatsApp, the country’s most popular messaging service, three times in 2015 and 2016, citing the company’s failure to comply with police requests for user data.
In 2022, de Moraes threatened the messaging app Telegram with a statewide closure, claiming it had consistently refused requests from Brazilian authorities to deactivate profiles and give information. He ordered Telegram to appoint a local agent; the firm eventually obliged and remained online.
X and its prior incarnation, Twitter, have been banned in a number of countries, the majority of which are authoritarian regimes, including Russia, China, Iran, Myanmar, North Korea, Venezuela, and Turkmenistan.
Other countries, including Pakistan, Turkey, and Egypt, have temporarily stopped X to address discontent and instability. Twitter was banned in Egypt following the Arab Spring uprisings, dubbed the “Twitter revolution,” but has since been reinstated.
A search on X on Friday revealed hundreds of Brazilian users looking for VPNs that could allow them to continue using the site by making it appear as if they were logged in from outside the country.
It was not immediately obvious how Brazilian authorities would control this conduct and impose the fines mentioned by de Moraes.
Mariana de Souza Alves Lima, well known as MariMoon, informed her 1.4 million X followers that she would be heading to rival social network BlueSky, tweeting a screenshot and writing, “That is where I’m going.”
X stated that it intends to disclose what it calls de Moraes’ “illegal demands” and accompanying court documents “in the interest of transparency.”
Also on Thursday evening, Starlink, Elon Musk’s satellite internet service provider, announced on X that de Moraes blocked its finances this week, preventing it from conducting any transactions in the country, where it has over 250,000 users.
“This order is based on an invalid finding that Starlink should be held liable for the unconstitutional fines issued against X. It was given in secret, without providing Starlink with the due process mandated by the Brazilian Constitution. Starlink stated that it intends to take legal action in the case.
Elon Musk responded to users who shared tales of the freeze, adding insults to de Moraes. “This guy @Alexandre is an outright criminal of the worst kind, masquerading as a judge,” she tweeted.
Elon Musk later said on X that SpaceX, which operates Starlink, will provide free internet service in Brazil “until the matter is resolved” because “we cannot receive payment, but don’t want to cut anyone off.”
In his ruling, de Moraes stated that he ordered the freezing of Starlink’s assets because X did not have enough funds in its accounts to satisfy escalating fines, and that the two companies belong to the same economic group.
