Brazil’s Supreme Court Lifts Ban On X Following Its Compliance With Regulatory Orders

Brazil’s Supreme Court has lifted its ban on Elon Musk’s social media platform, X, after more than a month of suspension over allegations of spreading disinformation and failing to comply with court orders.

The decision was announced on Tuesday by Judge Alexandre de Moraes, following the settlement of over $5.2 million in fines and compliance with regulatory demands, marking a significant moment in the ongoing battle between corporate freedom and responsibility.

“I authorize the immediate return of the activities of the social platform,” he said.

The judge’s decision came after confirming that X had fulfilled the court’s conditions. He also gave Brazil’s communications regulator 24 hours to restore access to the platform.

X, in its response, expressed its satisfaction with the ruling. In a post on its Global Government Affairs handle, the platform stated, “X is proud to return to Brazil. Giving tens of millions of Brazilians access to our indispensable platform was paramount throughout this entire process. We will continue to defend freedom of speech, within the boundaries of the law, everywhere we operate.”

As of Tuesday, Musk had not yet publicly commented on the lifting of the ban.

Backstory: A Clash of Power and Principles

The conflict between Moraes and Musk could be traced to happenings in the wake of Brazil’s October 2022 elections, where far-right President Jair Bolsonaro lost his re-election bid to Luiz Inácio Lula da Silva. During the heated campaign and its aftermath, platforms like X (then Twitter) became hubs for misinformation and conspiracy theories, particularly among Bolsonaro’s supporters.

The tensions escalated after the January 2023 riots in Brasilia, where Bolsonaro supporters stormed federal buildings in a scene reminiscent of the January 6th Capitol riots in the United States. During this period, Moraes became the face of Brazil’s judiciary crackdown on disinformation, especially targeting those who threatened the democratic process, including Bolsonaro’s digital army, often called digital militias.

X was drawn into the controversy when it allegedly failed to curb these misinformation networks. Moraes accused the platform of supporting a criminal organization that incited violence and spread defamatory fake news, specifically targeting Supreme Court justices.

In late August 2024, things came to a head when Judge Moraes ordered the complete suspension of X in Brazil, citing its refusal to appoint a legal representative in the country and failure to deactivate the accounts of Bolsonaro’s supporters who were spreading disinformation. The suspension of the platform shocked many, especially given Brazil’s substantial X user base—around 40 million people, or nearly one-fifth of the country’s population, accessed the platform at least once a month.

Moraes justified his drastic decision, saying, “Freedom of expression must not serve as a shield for criminal actions and disinformation that threaten democracy.” His tough stance emphasized the need for corporate platforms like X to bear responsibility for the content allowed to be disseminated on their services.

Musk’s Fury and X’s Compliance

Elon Musk, known for his outspoken defense of free speech, was enraged by the ban and lashed out at Moraes. He called the judge an “evil dictator” and likened him to Voldemort, the villain from the Harry Potter series, claiming the move was an assault on freedom of expression. Musk also refused to yield to the judiciary’s demands, sparking a months-long feud with Moraes.

During this period, Musk and X attempted to navigate the legal minefield. In mid-September, X briefly returned to Brazil via a technical workaround, but the platform was quickly taken down again after Moraes threatened further penalties for non-compliance.

Finally, after weeks of standoff, X caved in. The platform settled its fines of over $5.2 million and complied with all of Moraes’s demands, including appointing a legal representative in Brazil and deactivating the problematic accounts.

The Implications: Free Speech and Disinformation

Moraes’s ruling and the protracted battle between the judiciary and Musk raise broader questions about freedom of expression and the rule of law. The row highlighted the increasing global scrutiny over social media platform’s role in spreading misinformation and incitement.

For Moraes, who has been a staunch defender of Brazilian democracy, the stakes were high. He had made clear from the beginning that platforms like X could not be allowed to fuel disinformation that posed existential threats to democratic institutions.

At the core of this issue is Brazil’s fragile democratic environment following years of political polarization and a deeply divided society. Moraes’s firm stance, even in the face of powerful figures like Musk, sent a strong signal about the country’s determination to control disinformation and hold social media platforms accountable.

However, X’s return comes as a relief for many Brazilians. The platform plays a significant role in political discourse and everyday communication in the country. Even though some, including President Lula, migrated to alternative platforms like Threads and Bluesky during the suspension, none managed to capture X’s influence.

Now that X has returned to Brazil, it remains to be seen how the platform will navigate future regulatory pressures. Brazil is X’s largest market in Latin America, and maintaining its presence is vital for the platform’s business.