In an escalation of tensions between Brazil’s judiciary and Elon Musk, a Supreme Court judge has issued a stark ultimatum to the billionaire entrepreneur to name a legal representative for X (formerly Twitter) in Brazil within 24 hours or face the suspension of the platform in Latin America’s largest nation.
The warning from Justice Alexandre de Moraes is the latest in the ongoing struggle between Musk’s vision of free speech and Brazil’s efforts to curtail misinformation and hate speech.
Brazil’s Supreme Court has been the target of misinformation following the defeat of incumbent president Jair Bolsonaro.
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Brazil’s third largest newspaper, O Estado de São Paulo, highlighted that the far-right’s preferred target was the supreme court, which it reported was hit with a barrage of “threats, insinuations and plenty of disinformation” over its rulings that were meant to curb fake news.
It added that social media and private messaging groups are lit up with tales of egregious police abuse, arbitrary arrests, and detention facilities akin to “concentration camps” – all as part of allegations of the new government’s brutality against Jair Bolsonaro supporters.
Police arrested over a thousand rioters following the insurrection triggered by Jair Bolsonaro’s defeat in January.
In April, de Moraes initiated an investigation into Musk for obstruction of justice after Musk vowed to defy a court order blocking certain accounts on X in Brazil. This defiance came despite X initially complying with the order by informing affected accounts that their access had been restricted due to legal obligations.
De Moraes, in his decision to open an inquiry against Musk, emphasized the importance of judicial authority, stating, “X shall refrain from disobeying any court order already issued, including performing any profile reactivation that has been blocked by this Supreme Court.”
He further imposed a fine of $20,000 for every instance in which an account is reactivated on X in defiance of court orders.
De Moraes’ actions reflect the broader concerns within Brazil’s government about the influence of foreign-owned social media platforms on the country’s political stability. The conflict with X is seen by many as a test case for how far Brazil is willing to go to assert its sovereignty over digital spaces that have become central to the dissemination of information—and misinformation.
Brazilian Attorney General Jorge Messias has publicly supported the need for urgent regulation of social media networks, arguing that unchecked power held by billionaires like Musk, poses a threat to the rule of law.
“We cannot live in a society in which billionaires domiciled abroad have control of social networks and put themselves in a position to violate the rule of law, failing to comply with court orders and threatening our authorities,” Messias stated.
In response, X announced earlier this month that it would cease operations in Brazil, a country with a significant user base for the platform. This decision came after de Moraes allegedly threatened to arrest X’s legal representative in Brazil for non-compliance with censorship orders.
In a public statement, X outlined reasons for its drastic decision: “Last night, Alexandre de Moraes threatened our legal representative in Brazil with arrest if we do not comply with his censorship orders. He did so in a secret order, which we share here to expose his actions. Despite our numerous appeals to the Supreme Court not being heard, the Brazilian public not being informed about these orders, and our Brazilian staff having no responsibility or control over whether the content is blocked on our platform, Moraes has chosen to threaten our staff in Brazil rather than respect the law or due process. As a result, to protect the safety of our staff, we have made the decision to close our operation in Brazil, effective immediately.”
Musk’s decision to pull X out of Brazil, a move that hearkens back to his self-proclaimed identity as a “free speech absolutist,” underpins his growing commitment to resisting what he views as authoritarian overreach.
Musk has long positioned himself as a staunch defender of free speech, often clashing with governments and regulatory bodies that he perceives as infringing on this principle. This latest episode in Brazil is a vivid illustration of this stance, as Musk takes a stand against what he describes as a judiciary that has “brazenly and repeatedly betrayed the constitution and people of Brazil.”
“Justice Alexandre de Moraes has applied massive fines, threatened to arrest our employees, and cut off access to ? in Brazil. We will probably lose all revenue in Brazil and have to shut down our office there. This is not compatible with democracy,” Musk said in a post on X.
However, X’s departure from Brazil sends a strong message about the platform’s commitment to Musk’s free speech ethos, and it also raises concerns about the future of digital platforms in Brazil.
Recently, the country has been a focal point for debates on the balance between free speech and the need to curtail harmful content online. Analysts believe the confrontation between Musk and Brazil’s judiciary could set a precedent for how other nations approach the regulation of social media platforms, particularly in politically sensitive environments.
Musk’s bold stance has garnered support from those who view his actions as a necessary defense of free speech in the face of authoritarianism. However, it has also drawn criticism from those who argue that it could lead to the unchecked spread of harmful content on digital platforms.