Elon Musk's social media platform X, formerly known as Twitter, is on the brink of a ban in Brazil following its failure to meet a court-mandated deadline to appoint a local legal representative. The dispute highlights the ongoing tensions between the tech mogul and Brazilian authorities over issues of censorship and compliance with local laws.
On Thursday, Brazilian Supreme Court Justice Alexandre de Moraes issued a 24-hour ultimatum for X to appoint a legal representative in Brazil. This deadline expired at 8:07 p.m. local time, and Musk's company announced an hour later that it would not comply with the order. X's refusal is rooted in its objection to what it perceives as unconstitutional censorship. "We will not comply with his [Moraes'] illegal orders to censor his political opponents," the platform stated.
The conflict began in April when Justice de Moraes ordered X to suspend several accounts accused of spreading disinformation. This directive was part of a broader investigation into "digital militias" that supported former President Jair Bolsonaro's attempts to overturn his 2022 election defeat. Musk criticized the move as an infringement on free speech and subsequently shut down X's operations in Brazil on August 17, citing "censorship orders" from the Brazilian judiciary.
Brazilian President Luiz Inácio Lula da Silva responded sharply to Musk's defiance. In a radio interview, Lula asserted, "Just because the guy [Musk] has a lot of money doesn't mean they can disrespect you ... Who does he think he is?" The president emphasized that foreign investors must adhere to Brazilian laws, reinforcing the principle of national sovereignty.
The situation has escalated further with Moraes' recent decision to freeze Starlink's local bank accounts. Starlink, Musk's satellite and internet provider, has been affected by the legal dispute involving X. Moraes's actions were intended to enforce fines imposed on X for non-compliance with the court's orders. However, legal experts argue that holding Starlink responsible for X's legal issues is unwarranted.
In response, Starlink condemned the order, claiming it was issued without due process and unfairly penalizes the company. "This order is based on an unfounded determination that Starlink should be responsible for the fines levied - unconstitutionally - against X," the company stated. Despite the financial restrictions, Starlink pledged to continue providing services in Brazil free of charge during the resolution of the dispute.
The potential suspension of X in Brazil would not be immediate. The court's suspension order must first be communicated to the National Telecommunications Agency, which will then instruct the country's numerous internet service providers to block access to the platform. Experts suggest that a VPN could easily circumvent such a block, potentially undermining the impact of any suspension.
The standoff has implications for Brazil's digital landscape, where about 40 million people use X monthly. As the dispute continues, the legal and diplomatic ramifications remain uncertain. Moraes may make a decision independently or seek input from the full Supreme Court, which is reportedly supportive of his stance.
Elon Musk has framed the situation as an overreach by a "dictator," emphasizing the separation between X and his other ventures. "SpaceX and X are two completely different companies with different shareholders," Musk wrote on X. He further criticized Moraes's actions as "absolutely illegal," asserting that they unfairly impact other shareholders and the Brazilian populace.
