The Brazilian government has escalated its conflict with Elon Musk by blocking access to his social media platform, X, across the country. This action, which began early Saturday, came after Musk refused to appoint a legal representative in Brazil, a requirement set by Supreme Court Justice Alexandre de Moraes.
The decision to block X, formerly known as Twitter, marks a significant moment in the ongoing feud between Musk and Brazilian authorities, highlighting broader issues of free speech, misinformation, and exercise of governmental authority.
Justice de Moraes, who has been at the forefront of combating misinformation and far-right extremism in Brazil, ordered the suspension of X after Musk failed to comply with a directive to appoint a legal representative in the country. This representative is crucial for responding to legal demands and ensuring that the platform abides by local laws. De Moraes had warned Musk on Wednesday that failure to comply would result in X being blocked, and established a 24-hour deadline for action.
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In response to the justice’s order, Brazil’s telecommunications regulator, Anatel, instructed internet service providers to suspend access to X. By Saturday after midnight, major operators had begun enforcing the block, making X largely inaccessible both on the web and through mobile apps.
“In Brazil, we do not have X anymore since midnight. I am tweeting this with a VPN. This tweet may cost me almost 10,000 USD according to the decision of tyrant @alexandre de Moraes, friends with @LulaOficial: every Brazilian that posts on X from now on will be fined R$ 50,000 according to his illegal “ruling”, a Brazilian journalist named Marcel van Hattem tweeted on Saturday.
Musk responded to the post by saying that “the current Brazilian administration likes to wear the cloak of a free democracy while crushing the people under its boot.”
De Moraes in his ruling, had accused Musk of showing “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.”
He added that the platform will remain suspended until it complies with the court’s orders, with a daily fine of 50,000 reais ($8,900) for individuals or companies using VPNs to access it.
Musk Has Been Defiant
Elon Musk, known for his outspoken stance as a “free speech absolutist,” has clashed repeatedly with de Moraes and the Brazilian judiciary. In April, de Moraes included Musk in an ongoing investigation into the dissemination of fake news and opened a separate inquiry into the executive for alleged obstruction. Musk has often taken to X to criticize de Moraes, calling him a dictator and tyrant, and arguing that the justice’s actions amount to censorship.
In a statement released late Friday, X’s CEO Linda Yaccarino expressed dismay over the situation, calling it a “sad day for X users around the world, especially those in Brazil, who are being denied access to our platform.”
She lamented that Brazil was failing to uphold its constitutional pledge to forbid censorship. X’s official Global Government Affairs page also criticized the Brazilian judiciary, claiming that de Moraes’ actions were illegal and politically motivated.
Broader Impacts of the Ban
Brazil is one of X’s largest markets, with around 40 million users, representing roughly one-fifth of the population. The platform has played a significant role in the country’s political discourse, particularly during and after the presidency of Jair Bolsonaro. Accounts linked to Bolsonaro’s far-right movement have often been at the center of legal battles over misinformation and extremist content, with X being ordered to block many such accounts.
The Brazilian government has a history of clashing with social media platforms over compliance with local laws. In previous instances, courts have temporarily suspended services like Meta’s WhatsApp and threatened others like Telegram. However, the situation with X marks a more severe and prolonged conflict, exacerbated by Musk’s personal involvement and defiance.
Adding to the complexity, de Moraes also targeted Musk’s satellite internet service, Starlink, freezing its finances in Brazil. This move was justified by the justice on the grounds that X did not have enough funds to cover mounting fines, and that Starlink and X were part of the same economic group. Musk reacted sharply to this development, labeling de Moraes a criminal and offering free internet service in Brazil through SpaceX, Starlink’s parent company until the matter is resolved.
Legal Experts Express Mixed Opinions
Legal experts have weighed in on the situation, with opinions divided. Some, like Filipe Medon, a digital law specialist, argue that the suspension of X is a necessary measure to ensure compliance with the court’s order.
Others, like Luca Belli from the Getulio Vargas Foundation, question the legality of extending the sanctions to Starlink, given the lack of direct connection between the two companies beyond shared ownership by Musk.
“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,” Belli said.
As the standoff continues, it remains unclear how long the block on X will last and what the long-term implications will be for Musk’s operations in Brazil.
“Brazilians will take to the streets. On the 7th of September we will make our voices heard very clearly. We will demand Moraes to be impeached by the Senate and to be sent to jail after a fair trial – which Moraes cruelly and unconstitutionally gives not to the people that he persecutes,” van Hattem said.