Brasília, August 30, 2024 – Alexandre de Moraes, from Brazil’s Supreme Federal Court (STF), ordered the immediate suspension of the social media platform X (Twitter) in Brazil. This decision comes after X, formerly Twitter, failed to comply with a judicial order to appoint a legal representative in the country within 24 hours. The platform had closed its office in Brazil, leaving no local representation to address ongoing legal matters.
Background of the Dispute
The conflict between X and the Brazilian judiciary has been escalating for months. The platform has been the subject of numerous court orders from Moraes, including some asking for the removal of accounts and the imposition of fines. With no representative in Brazil as of August 17nth, the platform had decided not to comply with these orders, leading to mounting penalties. In an unprecedented move, the STF summoned Elon Musk, the owner of X, through the platform itself, demanding he appoint a representative by 8:07 PM on Thursday (29nth).
In his ruling, Moraes emphasized the platform’s “repeated, conscious, and voluntary non-compliance with court orders and failure to pay daily fines.” He criticized X for attempting to evade Brazilian law and the judiciary. The minister’s decision mandates that X cease operations in Brazil until it complies with all court orders, pays accumulated fines, and appoints a legal representative in the country.
Legal and Technological Implications
Moraes’ ruling also includes a daily fine of R$ 50,000 for individuals and companies who attempt to bypass the ban using technological means, such as VPNs. Additionally, major tech companies like Apple and Google have been ordered to remove the X app from their stores and implement technological barriers to prevent its use on iOS and Android devices. Internet service providers in Brazil, including Vivo and Claro, have also been instructed to block access to X.
The accumulated fines against X now exceed R$ 18 million, according to calculations by the Supreme Court’s Judicial Secretariat. Moraes also ordered the freezing of R$ 2 million in company accounts, but the effectiveness of this measure remains unconfirmed.
Reactions and Next Steps
The suspension of X in Brazil is not immediate. The National Telecommunications Agency (Anatel) has been given up to 24 hours to block access to the platform. Anatel’s president, Carlos Baigorri, confirmed that the agency is working to comply with the court order.
In response to the suspension order, X accused Moraes of acting illegally. The platform stated through its official account that it expects Moraes to “order X to be taken offline in Brazil soon” because it disagrees with what it called “illegal censorship orders.” Elon Musk has continued to criticize Moraes following the suspension order.
Legal Context and Broader Implications
The suspension of X is grounded in Brazil’s Internet Civil Framework, which allows for the shutdown of platforms that fail to comply with judicial orders. This situation marks a significant escalation in the ongoing conflict between the Brazilian judiciary and X, with implications for the broader relationship between global tech companies and national governments.
The conflict between X and Moraes began in April when Musk publicly criticized the minister for what he described as censorship in Brazil. This led to Musk being included in an investigation into digital militias allegedly working to undermine Brazilian democracy. The tension escalated in August when X announced its withdrawal from Brazil after failing to comply with a court order related to content removal and user bans.
Moraes’ ruling has now pushed this conflict to a new level, with the suspension of one of the world’s largest social media platforms in one of its key markets. The decision has also sparked a debate about the balance between free speech, judicial authority, and corporate responsibility in the digital age.
Where are users going?
As X faces suspension in Brazil, many users have begun migrating to Bluesky, a competing social media platform. With Brazil ranking as the fourth most active country on Bluesky, this migration has caused a significant surge in activity, leading to some minor instability on the platform.
Mastodon has also experienced a rise in users, but it appears that the majority are opting for the app created by Twitter’s former owners.
Source: UOL
