Brazil Blocks Musk’s X Over Refusal to Appoint Local Representative

Photo : AFP

Brazil began blocking access to Elon Musk’s social media platform, X, in the early hours of Saturday, making it largely inaccessible across both web browsers and mobile applications. The move came after the company failed to comply with a court order issued by Supreme Court Justice Alexandre de Moraes, who had demanded that X appoint a legal representative in Brazil.

The platform missed a critical deadline set by Justice de Moraes, which led to the suspension. This action marks a significant escalation in an ongoing conflict between Musk and the Brazilian judiciary, particularly Justice de Moraes, over issues of free speech, far-right content, and misinformation.

In response to the non-compliance, Brazil’s telecommunications regulator, Anatel, directed internet service providers to restrict users’ access to X. By midnight local time, major operators had begun to implement the block, effectively cutting off the platform for millions of Brazilian users.

Justice de Moraes had previously issued a stern warning to Musk on Wednesday night, outlining the consequences of failing to meet the 24-hour deadline to appoint a legal representative. His order came after the company’s previous representative in Brazil resigned earlier in the month, leaving the platform without local legal representation.

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In his decision, Justice de Moraes criticized 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 made it clear that the platform would remain suspended until it complied with the court’s orders. Additionally, de Moraes imposed a daily fine of 50,000 reais (approximately $8,900) for anyone using virtual private networks (VPNs) to circumvent the block.

Following this, de Moraes issued a later ruling that slightly adjusted his initial directives. He decided not to enforce a previously mentioned five-day deadline for internet service providers themselves to block X. Additionally, he retracted an order for app stores to remove VPN services, which had been seen as a way to prevent users from bypassing the restrictions.

The dispute between Musk and Brazil’s judiciary has broader implications, as it also resulted in the freezing of the bank accounts of Starlink, Musk's satellite internet provider, in Brazil.

Brazil is a significant market for X, with around 40 million users, representing approximately one-fifth of the country's population. The platform has faced difficulties retaining advertisers since Musk’s acquisition of the former Twitter in 2022, making the block a substantial blow to its presence in the region.

In response to the block, X’s CEO Linda Yaccarino expressed disappointment, stating, "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." She also criticized the decision as a failure to uphold Brazil’s constitutional commitment to prevent censorship.

On Thursday night, X had preemptively addressed the situation on its Global Government Affairs page, stating that it anticipated being shut down by Justice de Moraes due to its refusal to comply with what it described as "illegal orders to censor his political opponents.” The company also claimed that de Moraes had threatened its former Brazilian legal representative with imprisonment, prompting her resignation and leading to the freezing of her bank accounts.

The conflict between X and Justice de Moraes has its roots in the platform's hesitation to comply with judicial orders to block certain users. These users have included lawmakers associated with former President Jair Bolsonaro’s right-wing party and activists accused of undermining Brazilian democracy. X has reported that, since 2019, it has suspended or blocked 226 accounts in response to Brazilian judicial orders.

In his ruling, Justice de Moraes cited Musk’s statements as evidence of the platform’s intention to continue promoting extremist, hateful, and anti-democratic content while evading legal accountability.

Earlier in the year, de Moraes named Musk as a target in an ongoing investigation into the dissemination of fake news and opened a separate inquiry into the executive for alleged obstruction. Musk has consistently portrayed himself as a "free speech absolutist," frequently arguing that de Moraes’ actions constitute censorship. His stance has garnered support from Brazil’s political right, where he has often referred to de Moraes as a dictator and a tyrant.

Defenders of de Moraes argue that his actions against X are lawful and are supported by the broader judiciary, aimed at protecting democracy during a period of political instability. They emphasize that his rulings are grounded in Brazilian law, which mandates that internet service companies maintain a local representative to ensure compliance with judicial decisions, particularly in curbing the spread of misinformation ahead of the upcoming municipal elections in October.

The blocking of X in Brazil is not without precedent, but it underscores the escalating tension between Musk's platform and the Brazilian government.

Aug. 31, 2024 5:26 p.m. 496

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