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Brazil's Supreme Court bars X

On 30 August, Justice Alexandre de Moraes ordered Elon Musk’s social network X blocked across Brazil, after the company refused to appoint a legal representative and comply with court orders on content moderation.

On 30 August, a justice of Brazil’s Supreme Federal Court ordered the country’s telecoms regulator to suspend access to X nationwide, bringing an end to months of escalating legal clashes between the platform’s owner, Elon Musk, and the Brazilian judiciary. The ruling by Justice Alexandre de Moraes took immediate effect, and by the end of the day the social network was unreachable from inside the country.

The trigger was X’s refusal to name a legal representative in Brazil, a requirement under local law, and its broader failure to comply with a series of court orders — including orders to remove content and to freeze accounts identified in investigations into disinformation. Justice de Moraes had given the company a deadline earlier in the week; when it passed without a response, he moved to block the service.

In the same ruling, the justice ordered fines of 50,000 reais per day, roughly 8,900 dollars, for any individual or company found using a virtual private network to bypass the ban and reach X from Brazilian territory. He also ordered the freezing of bank accounts belonging to Starlink, Mr Musk’s satellite-internet business in Brazil, on the grounds that the two companies belonged to the same group and that X itself held insufficient assets to cover the fines already imposed. Those fines, accumulated over the course of the dispute, amounted to some 18.5 million reais, about 3.3 million dollars.

The case is the sharpest example to date of the friction between Mr Musk’s platforms and governments that insist on domestic content rules. Since taking over X in 2022, Mr Musk has positioned the network as a near-absolute forum for free expression, and he has repeatedly defied orders to remove posts he regards as political censorship. Justice de Moraes, who has led investigations into the spread of disinformation in Brazil, frames the conflict in the opposite terms: as an attempt by a foreign billionaire to evade Brazilian law. The two sides had been trading accusations for months, with Mr Musk accusing the judge of censorship and Justice de Moraes steadily imposing fines that X declined to pay.

Mr Musk responded on X itself, before the block took hold, calling the judge’s actions a violation of the constitutional right to free expression. The platform’s lawyers have argued that Brazil’s demands exceed what is legally required, and that the threat to Starlink accounts is an overreach aimed at a separate business that serves tens of thousands of Brazilian customers. Other justices of the Supreme Court’s first panel later voted unanimously to uphold the suspension, which remains in force until X appoints a representative, removes the disputed content and pays the accumulated fines.

For Brazilian users, the effect was immediate. On the afternoon of 30 August, feeds went dead, links stopped resolving, and the network’s millions of users inside the country were left to choose between waiting out the dispute and risking the daily fines for reaching it through a VPN. Some turned to rival platforms within hours; others kept the app open and waited. The dispute, which began as a technical argument over who represents X in a foreign country, had become the most high-profile test yet of whether a global platform can be forced to obey the laws of a single nation.

This post is licensed under CC BY 4.0 by the author.