Brazil Supreme Court threatens to ban X over non-compliance

Update 30/08/24 10:00 am (IST): The conflict between Brazil’s Supreme Court and Elon Musk’s companies has intensified dramatically, according to Reuters. Judge Alexandre de Moraes has now blocked the bank accounts of Starlink, Musk’s satellite internet company, in Brazil. This move appears to be a strategic attempt to pressure X into complying with the court’s orders. Starlink has denounced the action as unconstitutional and plans to challenge it legally.

Meanwhile, X maintains its stance against what it calls “censorship orders,” refusing to block certain accounts as demanded by the court. The company expects an imminent shutdown order in Brazil but plans to publish what it terms “illegal demands” from Judge de Moraes, along with related court filings, in the coming days.

Original article published on August 29, 2024, follows:

In a dramatic escalation of tensions between Brazil’s Supreme Court and Elon Musk’s social media platform X, the court has issued an ultimatum that could lead to the banning of the service across the nation of 200 million people.

On Wednesday, the Supreme Court gave X 24 hours to name a legal representative in Brazil or face suspension of its operations in the country. This demand comes in the wake of X closing its office in Brazil last week, a move made in protest of orders from Supreme Court Justice Alexandre de Moraes to suspend certain accounts. The court’s order was roughly translated to English and highlighted by the X Daily News account:

The conflict stems from Justice Moraes’ efforts to combat what he describes as misinformation, hate speech, and attacks on democracy. Over the past months, he has ordered the suspension of more than 100 X accounts, primarily belonging to right-wing supporters of former President Jair Bolsonaro. Many of these accounts had questioned Bolsonaro’s 2022 election loss or expressed sympathy for protesters who sought a military takeover.

Elon Musk, who acquired X (formerly Twitter) in 2022, has been vocal in his opposition to these account suspensions. He has criticized Justice Moraes, calling him a “dictator” and accusing him of violating Brazilian laws. Musk has positioned X as a platform for free and open communication, pledging to remove content only when required by local laws.

The potential ban poses a significant challenge for X, as Brazil represents its sixth-largest market with over 21 million users. Losing access to this market could be a substantial blow to the platform, which has been grappling with revenue challenges since Musk’s takeover. A similar incident happened with Telegram a couple of years ago in the country.

X’s refusal to comply with the court’s orders has led to this confrontation, with the company stating that it hasn’t been provided adequate information to action the requests. In a bold move, X has also used its platform to spark broader opposition to Justice Moraes and the Brazilian government, stating that the justice’s actions are “incompatible with democratic government.”

While X argues for the protection of free expression, Brazilian authorities maintain that compliance with local laws is necessary for tech companies to operate within the country. As the deadline approaches, all eyes are on Musk and X to see how they will respond to this challenge. The decision could have far-reaching implications for X.