Brazil’s top court orders nationwide suspension of Elon Musk’s X

Brazil’s supreme court on Friday ordered a nationwide suspension of Elon Musk’s social network X after the company vowed to defy earlier court orders concerning content moderation and the appointment of a legal representative in the country.

Alexandre de Moraes, the court’s top judge, has also ordered daily fines for people or businesses in Brazil that use virtual private networks (VPNs) or other methods to access X while the site is banned in the country, G1 Globo reported.

The court issued a statement via its government website in Brazil on Friday, saying that it had ordered “the immediate and complete suspension of the operation of X, formerly Twitter, throughout the national territory until the Court’s judicial decisions are complied with and the fines applied are paid.” The statement also said that the order will be valid “until a representative of the company in the country is appointed.”

Hours later, the court issued a second order suspending some of the measures in its first 51-page order against X. Initially, de Moraes gave companies like Apple and Google 5 days to stop offering X downloads in their app stores, and to stop making VPN apps available to access X. The second order eliminated that deadline and put off implementation of these measures until further notice, giving time for X to pay fines and put a legal representative in place.

Brazil’s supreme court announced on Wednesday that Musk and X had 24 hours to either appoint a legal representative for its business there or face a “penalty of suspension of activities” nationwide. The deadline passed Thursday evening.

X’s global government affairs unit said in a statement late Thursday that it was expecting the de Moraes shutdown “soon,” because the company “would not comply” with his orders.

Brazil, a major non-NATO ally of the U.S., is now preparing for October municipal elections. Under Brazil’s laws, social media companies operating in the country must employ someone to handle government takedown notices, including those regarding political misinformation and incitements to violence.

X has no such representative in Brazil, and it said earlier this month that it would remove all its employees from the country rather than face any possible arrests over non-compliance with court orders.

A suspension of X in Brazil could cause business problems for Musk’s already embattled company. Brazil has a population of more than 171 million active social media users, according to market research by Oosga.

Musk led the $44 billion acquisition of Twitter in late 2022. He implemented sweeping changes and reinstated previously banned and suspended accounts, leading many major advertisers to flee or cut spending on ad campaigns.

The World Bank stopped paying for campaigns on X after a CBS News investigation found ads from the organization appeared under a racist post from an X account that regularly posted “pro-Nazi and white nationalist content.”

Musk lashed out at de Moraes in a series of posts after the court had frozen the finances of Starlink, the satellite internet service provided by Musk’s SpaceX, in Brazil. Starlink has advertised on X under Musk’s management and Musk has encouraged people in Brazil to use Starlink to access the social media platform.

De Moraes’ court had fined X for alleged violations of Brazilian law and froze Starlink finances in the country to ensure those fines are paid.

Critics of de Moraes view his courts’ orders against X as an overreach. His court has a history of suspending social media apps until they comply with regulations in the country. Meta-owned Whatsapp and Telegram have both been suspended in Brazil but reinstated, for example.

On Friday, Musk compared de Moraes to movie villain Voldemort and shared a post describing “the evil tyranny of Moraes.”

Representatives for X and for the U.S. embassy in Brazil weren’t immediately available to comment.

Musk has repeatedly denounced de Moraes’ court orders as censorship. In its Thursday statement, X said de Moraes court had taken “illegal actions” against the company.

On Friday after news of the suspension, Musk on X, “The oppressive regime in Brazil is so afraid of the people learning the truth that they will bankrupt anyone who tries.”